The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-07
SUPREME COURT DECISIONS.
Monday. May 4, 1878.
Present: All the Justices.

| by CHIEF JUSTICE MANNING.
No. 7ols Mrs. A. II. Richardson vs. Moses
Mann. Rehearing granted.
No 542l. Chnffraix Agar. VS.. John b. La
| ntte x Collaborating refused.
| No. Gss4. Louis Bauer vs.. Lochte < Cordes
and A. Morrison, sheriff Rehearing refused.
Navigation G. alto Company vs. Ed Pisbury. Mayor
| ct als.-Rehearng refused.
No. 1864. =. 7. Austin vs. The Citizens Bank
No. AGO William Henderson vs. Price, Hine
Topper and John B. Laiitte 4 Co: Morton
! Bliss d Go. intervenOrs and appellants. Appeal
from the Eighth District Court parish Of Or
Rehearing granted and Judgment as against
| J. j. bailtte 4 Go. reversed.
Justices EgaD and Spencer dissent,
by JUSTICE MARI.
No. 7134 Succession Of Hugh McCloskey. On
| petition Of Mrs. Alice McCloskey. appellant
Appeal from the Second District Court. parish
| of Orleans.
! be sustained in n suit brought by the legatee
Of nm annuity where such legntee, alleging that
all OF the property of the succession is about to
be sold and the proceeds applied to the payment
of other legacies, which will absorb the whole
| proceeds. leaving no source from which the
| of such annuity reduced to cash basis and
| paid pro rata with OF her legacies.
Judgment reversed and case remanded.
! No. 679l A. M. Agelasto, appellant vs. VIM
r. Mills, Rightor and others, sureties. defend
ants In rule-Appeal from the Sixth District
| Court parish of Orleans.
| Where the appellee obtains from the District
Court an order dimissing tho appeal on the
| ground of the insolvency of the sureties on the
| bond but fails to bring this order to the atten-
| tion of this court which reviews and affirms
the judgment, he cannot proceed against the
sureties on that bond.
Judgment affirmed
No $3.50. Byrne. Vance & Co.. appellants. vs..
Geo. NJ Marshall Appeal from the District
Court. parish of Tensas.
Where one of the members of a firm is, at it's
| dissolution, appointed its liuuidator. his power
and authority as such are not affected by the
subsequent death OF one OF the former part
| ners.
Judgment reversed and case remanded.
| Justice Spencer dissented and Justice Egan
took no part In this decision.
BY JUSTICE DE BLANC
No. 7145. State of Louisiana OK rel. Justin
Lacoste, vs. Thomas HI. Handy, sher if. ct al
Provisional writs of mandamus and prohibit
ton discharged
Justice Egan took no part in the case.
No. 1850. julia A. Ventress, individually and
as dative testamentary executrix, vs. Isaac d.
! Brown ct al, appeilants.-Appe from the
Parish Court. parish of Iberville. Appeal dis
missed.
No 7o74 Jefferson and Lake Pontchartrain
Railway Company appellants. vs.. city of New
Orleans Appeal from the Sixth District Court
The city of New Orleans is not obliged to fur
nish bond to obtain dissolution of an injunc-
ton issued against it.
Judgment affi rmed.
Justice Egan took no part in this decision.
BY JUSTICE SPENCER.
No. 69l7. Sarah T. Bowman, appellant. VS.. P.
G.. A. Kaufman sheriff ct als.-Appeal from
the District Court parish Of West Feicana.
Rehearing granted. former decree set aside
and Judgment appealed from reversed 50 far as
it affects Mrs. Mathers.
No. 7l25. Lafayette Fire Insurance Company
vs.. Heicke Eiben Remmers. appellant. John A.
Webert surety on appeal bond, appellant
Appeal from the Fifth District Court, parish of
Orleans. Judgment reversed and case re-
manded.