The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-06
ppellant.-Appeal from the Fifth District
- ss..Ir .inI1 lt.lo ans

appellant. Appeal from the Fifth District
Court, parish Of Orleans .....,
anee of account currents OF sales to the
planter for whom they were made, cannot be
held as acting In a fiduciary character within
| the intendment OF section 33 OF the bankrupt
| laws OF the United States, and debts SO due
by him are covered by his discharge In bank
| ruptcy
Justices Spencer and White dissented.
BY JUSTICE DE BLANC.
No. TAG. State OF Louisiana VS.. Thomas
Pickett, appellant Appeal from the Supe-
| rior Criminal Court, parish OF Orleans.
Judgment affirmed.
! No, 5537. state OF Louisiana vs. Mechanics
and Traders Insurance Company, appellant
| ish OF Orleans.
u Judgment reversed and suit dismissed as
| In case Of non.suit.
No. 74D1. The State OF Louisiana ys. Solo
psts or pns 81 st. hesna from 'ns
When q party has been convicted OF larceny
upon an Information charging merely an IN
tent to steal, the verdict must be set aside.
| Judgment reversed and case renanded.
No 7443. Mrs. L. Nicaud, appellant, VS.. VIM.
nj. Johnson.-Appeal from the District Court,
parish Of Livingston
1 The assignment OF credit implies war
ranty of its existence at the date of the trans
| fer. but not o warranty OF the debtors sol
veney.
Judgment affirmed.
No. I77. John /. Nolan, appellant, VS.. sue
eession OF John H. New..Appeal from the
Second District Court parish Of Orleans.
forced heir who joins In the prayer OF
petition filed by the universal legatee Of q
deceased person, praying TO be recognized as
such legatee, and rs such put III possession
| of the estate cannot afterwards be heard
complaining that he was deprived OF his
! Ieeitime or asking that the legacy be reduced
to the di5posable portion.
| Judgment affirmed.
/ No. 74O7. O. W. Sentall II CO.. appellants
vs. Amanda Bonner and husband.-Appeal
/ from the District Court, parish Of Rapides.
Judgment affirmed.
The Chief Justice took no part In this de-
| csion.
/ No, 741s T. P. Farrar, appellant, We. Fl a.
Steeie.-Appeal from the District Court, par
ish OF Tensas.
The Attorney General and district attor-
| news being authorized by section 1854, Revised
Statutes, TO set forth In the petition filed by
them to have determined the right to an
| office, the name OF the person r1ghtfuf1y en-
titled to the office, must be regarded as vested
with discretion the exercise OF which is In It's
/ nature a judicial act over which the courts
| have no control. These officers cannot there
fore be mulcted In damages for falling to
bring suit under the intrusion act upon the
application Of one Of the parties claiming q
| right to the office.
/ Judgment affirmed.
No. Gooo A. D. Rawlings, appellant, VS.. Mrs.
g. S. Brandon.-Appsal from the District
Court, parish OF Tensas.
| However valuable the service OF an attor-
ney-at-law may have been to a party, he can
not maintain an action for the recovery Of
their value unless he had been specially en-
ployed by the party to whom they were rem
dered
SO where husband and wife execute their
note for the fee of counsel employefivby the
former to defend suits brought against him
the wife cannot be held liable. though the
sl,fnx tr.ti9t
was to maintain the title OF property trans
ferred to her by the husband IN satisfaction
OF Judgment she had obtained against him
Judgment affirmed.
4 Justice Spencer was Reused in this case.
Justice Mari delivered concurriDg Opin-
ion and the Chief Justice dissenting one.
No 7472. State If Louisiana ex rel G. e. Gil
rardey VS.. the Southern Bank; succession o.
of e. Gordeviolle, lntervenor and appellant
! Appeal from the Fourth District Court, parish
OF Orleans.
Article SIG Of the Code OF Practice refers to
movables OF O. perishable nature, the delivery
of which is ordered to be made by one OF The
parties to the suit, and does not apply to as
sets such as are In the sheriff S possession In
this suit.
The production Of appellants bank book, to
gether with an affidavit as to the correctness
Of the balance are sufficient the amount 81
. that balance being over $500 to establish al
! appealable interest in appellant.
: Where the record shows that proceedings
, for the forfeiture OF q charter we're carried OF
: : by consent, the usual delays being waived,
,, any creditor OF the corporation may inter
vene and appeal from the judgment OF for
feiture
In all cases which do not fall within tn
terms of articles 575, SIG and SIT Of the Cod
OF Practice suspensive appeal may be al
lowed on giving bond In sum sufficient t.
cover costs.
Those articles do not apply to judgmen
3 FORGETTING the charter OF q corporation ant
dntn
affairs.
l Motion to dismiss overruled.
By JUSTICE SPENCER.
No. 6790. Warner Van Norden, appellant
VS.. Leeds IL Go: ct al-Appeal from the Thirt
District Court, parish OF Orleans.
| Judgment reversed.
! No. 7451. Widow George Burthe, appellant
VS.. Arthur Denis, executor, ct ale-Appea
!, from the Second District Court, parish OF Or
leans.
: Judgment affirmed.
: No. 65o2 Joseph Jacob vs. Robt. i. Pres
ton, appellent.- from the Sixth Dis
trict Court, parish Of Orleans.
! Judgment affirmed.
: No. 7478. In the matter of the minor Pete
g. Riddell.-Appeal from the Second Distric
: Court parish of Orleans.
, Judg ment affirmed
No. 7191. jefferson and Lake Pontchartrail
a Railroad Company, appellants, vs. City o
: New Orleans.
II Judgment affirmed.
r BY JUSTICE WHITE.
9 No. G733. Isadore Newman VS.. II. NJ
: Lusher Superintendent, etc, appellant.-Ap
peal from the Sixth District Court, parish c
t Orleans.
G Judgment reversed.
Justice Spencer delivered dissenting opin
lon.
No. 7406. Govy Hood Va. Henry FreIlser
appelant.-Appeal from the District Court
: parish Of Carroll.
Judgment reversed.
9 No 6806. City Of New Orleans vs.. M. Hel
L mann, appeliant.-Appeai from the Firs
Justices Court, parish of Orleans,
D Judgment affirmed.
} SECOND DISTRICT COURT.
Succession OF FL. A. Benedict Rule made ali
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