The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-22
M CHIEF JUSTICE MANNING.


No. Git. State of Louisiana OK rel. J. r.
ri E vs David n. Barrow Rehearing granted
No. 67s2. Charles A Harris va A. Dubuelet,
Site Treasurer -Rshearing granted.
No bas2. E. g. Porter Va. Pierre Morere he
No. este. The State OK rel. r. =. Elder VS.. The
leans ct al.
Certain prouerly Of REALTORS having been
sold bv the sheriff under execution issued on
Judgment for taxes of 1874. the adjudeatee took
a rule to compel the sheriff 10 execute deed of
sale. whteh that officer refused to do, on the
ground that the taxes of 1879 assessed agaiust
the property sold were paid, and that he was
prohibited from making title until oil arrsar
taxes were paid; the order making this rule
absolute being made in execution Of the origi-
pal Judgment. no, appeal will lie thereirom.
Mandamus refused.
No. Gas4. The State ex rel Alice MeCloskey ct
al. w. the Judge of the Second District Court
parish of Orleans.
No appeal lies from order making abso-
lpte a rule to compel The executor of n success
sion to sell property for the payment of the
debts or legacies The sale In such u case can
be stayed only by Observation-Disclosures re-
fused
No. $685. State of Louisiana ex roll v. Bou-
troue vg. the Judge of the Third District Court
rho Court, OF its own motion. orders re-
hearing to be granted.
BY JUSTICE MARI.
mos 63es and 1894. Christian Boye w. Thomas
Miles. appellant. and Thomas Miles. appellant
trict Court. parish of Orleans. judgment re-
versed
No. GIT. VIM. B. Booth, appellant, VS.. Jean z.
Buras ct al.-Appea from the District Court
parish of Plaquemines
In an action of boundary. where the surveys
| made by surveyors appointed by consent of the
parties have been rejected by the court and the
court refuses to grant an order prayed for by
plaintiff TO cause o new survey to be made by
the parish surveyor. IN appeal will lie from the
Judgment refusing the new survey. Motion to
dismiss overrued.
BY JUSTICE DE BLANC.
No 5492. VIM. O,,Neil vs.. City Of Now Orleans
apoellant.-Appeal from the Superior District
il Is the duty Of the city Of New Orleans to
| repair and keep in good order the streets and
crossings within her limits. and her failure TO
make necessary repairs to u crossing within Il
re ssonable delay will make her liable in dam
ages for the Injuries occasioned by the defective
guilty # no carelessness 's JUDGMENT a afrm ned
No 6771. Marie Casmir. alias Marie Boisdore
VS.. A. N. IDorville. Chas. G. Erath garnishee
trict Court. parish of Orleans Judgment re-
versed and case remanded.
No 68l4. Succession of Mrs. 7. J. MichoD. On
opposition of Mrs. l.. Dueourreau, appellant
70 executors unt.-Appeal from the Second
District Court parish Of Orleans :,
P. !; Michon. by his will. which constituted
his wife his universal legatee made an uncon-
ditional bequest of $4,000 to his sister to whom
he likewise beaueathed an additional sum 10
should the sister survive the wife, Such a be-
quest is not ftiei co'y,,issatns. and the sister
can recover from the wifes succession. Judg
Justices MARI and Spencer delivered con-
curing opinions.
No 667l: Henry Pinard VS.. M. NJ. George c. G.
Haley. defendant In rule and appellant-Appea
from the Fourth District Court. parish Of Or
leans
TO escape liability as surety on an ap-
peal bond, when the writ issued against the
principal has been returned "nulla BONA" the
surety must alege and prove that his principal
does own property; rights or credits which can
of that fact. Judgment affirmed.
No. $3.50. John +. FolIett ct al, vs. Spencer
Field, president ct ais, aDpellants.-Ap from
the Fourth District Court, parish OF Orleans.
Where liquidating commissioners have been
elected by the stockholders Of a corporation, in
areceiver by the courts is not only premature but
unauthorized whilst that election stands unre-
versed and no charge of apprehended fraud is
made against said commissioners.
Judgment reversed.
BY JUSTICE EGAN.
No. 6674. Succession Of Baptiste Dougart, on
oppositions of Mr.. Burgard ct ais. appellants.
Appeal from the Second District Court parish
Rehearing granted and former decree amend
ed so as to reject from the account the note held
by Louis Mathe.
No. 6747 VIM. A. Gordon vs. Miss Marie G.
Goue, appellant-Appeal from the Second Dis
trict Court parish of Orleans:
Acts Nos At of 1878 and los of 1874 do not confer
upon the Second District Court for the parish of
Orleans jurisdiction Of proceedings taken by
the purchaser of property at tax sale to cause
ulhoGll W no pun LII pos9eoSio1 eioLool. uuS-
ment reversed.
No. 6t69 Martin Ivens. Jr., appellant. VS.. E. NJ
IvenS d Co., q. G. Johusen, garnlshee.-Appeal
from the Sixth District Court parish of Or
leans.
The validity and suff1ciency of the title of
garnishee to property. the ownership of which
he claims, can be attacked only by a direct ac-
ton, not by rule to traverse Judgment af-
tirmed.
No. 6485. Geo. W. Bancker, appellant, vs.. W.
Harrington ct ais. T. s. Coons & Co. inter
venors and garnis hees.-Appeal from the Sixth
District Court parish of Orleans. Judgment
affirmed.
vanie Denegre ct ais, appellants.-Appeal from
the Second District Court parish of Orleans.
II the community resulting from marriage
has been enriched by the separate funds Of
either spouse. it is indebted, pro tar.to at its
dissolution to the separate estate Of the spouse
must first be deducted from the mass or paid to
the spouse to whom it is due before partition
can be effected. Former decree set aside. iudg-
ment of the lower court reversed and case re-
manded
No. 54s7. Edward Conery. appellant, vs.. Rotch-
ford. Brown b Co.--Appsal from the Fourth
District Court. parish of Orleans.
In a suit brought under article s547 3. c. G..
to revive Judgment and prevent its prescrip-
ton. its absolute nulliry. such as the want Of