The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-08
SUPREME COURT EMISSIONS.
wednesday. MA reh o. ls7s.
fCOaTINuED.l
nr CHIEF Jusrtos MAnNINd.

No opA7. Sarah r. Bowman. appellant. Va p
@. A. kaufman sheriff, OF OILS. Appeal from the
Dis,t,ct Court pari5h o., Wet tsll' d n
petent 10 be q surety on n bond for an appeal
from the Judgment dissovng tho ielunoton
and awarding dnmhgss against him and his
The fact that the surety on the Injunction
bond In such u oase did not join in the appeal
taken by his principal doe not preclude him
from appealing ht Y snbsegnent ttme :.
Appenl of plaintiff dismissed and motion to
dismiss that Of surety denied.
nv JUSTICE MARI.
No. epap Wnrriok Tuus'al VS.. tbeNfarish of
Madison, appeaItt.-Arpeal from tho district
Court tnrsh ot Madison.
An nppe Il will lie to this court from The order
q REMOVAL Of cause from the State TO tho
Motion to dismiss refused and judgment nj
1rmed
nppellan,s Appeal from Tho District Court.
parish of GRANT.
Judgment affirmed.
NJ. 70se Ann H. Spears. hdministrntris, VS..
W. u. Jackson, admihietiator James King in
tervenpr md appellant Apneg from the Dis
tliet Court. parish of East Felieiana.
Where pending ~ suit upon n prnmissory
note such note Is purchased by a third purity.
The defendant mny hs relieved from iiability by
rebuilding to the purchaser tho amount paid
y, . "'Is affirmed.
~ 7oos saS l'anshaw v toa Hsen1 p lI'gh p,
Court. pa' ISL of East arrol
Judgment affirmed with per cent damages.
No. GpJa Tho State Of Lonlsiana OK rel. W u;
Mason 81 nj. Va rhe Judge Of this Second District,
Court tur tho parish ufOrleans.
Mnudamus refused.
nv JUSTICE UHntANo.
No eo7a Apha +. Nuesnt. wife. etc. vs. Dora
T. Lambeth and husband appellants
from tho District court pp1ish uf hvoyalles.
The parish Judge Ia inenmpsteut to examine
u married woman as to IL loan TO be effected by
| her md to authorize her to secure tho same by
mortgage ,.. =.
judgment reversed and plaintiffs action dis
missed rs to the note sued on. reserying any
kes ar W. 2p n e, Vs.
snrpy and N, T. Metoyer svnuics OF u. Appeal
from the Distict Court. parish Of Nh chitoches
Tho int rrultion of prescription against "
promlsgory note can be established by pAro
evidence.
Judgment affirmed.
No $685. State Of Louisiana vs.. Henry Nor
gan nppe ltnt appeal from tho District Court
parish Of Fast Baton Rouge
Judgment affirmed.
No 7e44. succession of John l.. Pointer. On
otposihions Of V. j. Dupuy, appellant. and pf
| Barrow Pope to nGcot ut Of executor. nppel.
lnnt Appeal from the Parish Court. parish Of
The amounts claimed by opponents being
less than $500 and tho executor having no funds
on hand this court has no jurisdiction.
No colo. James NJ. Alexander, appellant, Va
VIM. rennnpt aud wifs.-Appeal from tho Dis
trict Court, parish Of Tangipnhoa.
.Judg cent affirmed
No 6o2p Opheia q. Burbank. tutrix, appel
liant vs.. VIM Harris. Appeal from tho District
Court parish of st CthrHs.
This donl rine that IL tenant cannot contest his
lDssors tile Is inhpplicabe where, nj or tho
termination OF the lenso. the former lessor seeks
to recover Of the former leRsee the value OF pro-
perry destroyed or Injured during the Lease
through tho alleged negligence and cnreessnefs
II The latter, In such case title must be o7tab-
| lshed. Judgment reversed md case renhnded.
By THE HON. +. A. MoNRoE.
Judge OF tho Third District Court for tho
parish OF Orleans. sitting In tho place OF his
honor tho Chief Justice, recused tho other
| members OF tho court being evenly divided in
opnion.)
No. sb5s M. NJ. Ada Calhoun Va. Mechanics,
and r ndefs' Bank ct nj, appellants Appeal
from tho District court, parish Of Grant, ~,
| Where IL married woman eonlointly with her
| ton contemplated by the act OF 1866. executes n
| power OF alto ney to soil or mortgage tho prop
erty Of either or both husband or wife. the sub
| senuent death Of the husband. prior to tho
| property under said Joint procnra ion, does
| not relieve tho holder Of tho notes secured by
| tho mortgage OF the burden OF proving that the
same enufed to the wite's separate benefit.
whatever rights defendants may have against
| tho agent. w b. Calhoun. or hgnipst tho prop
| erty. grosing out Of his unauthorized exectl
| ton Of the mortgage and subsequent hcdusl-
ton OF tho property,
decree. Justice Egan delivered separate con
curing ouinion. aud Justices DeBlanc ant
Spencer dissenting opinions.
Thursday, March =, Is5s.
| BY JUSTICE EGAE.
No 7o1e Enos NJ. Cramer vs.. Succession o
Albert i, Crane. appellant. Appeal IRON TIM
District Court parish OF Madis1n
Judgment reversed and case remanded.