The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-28
THE COURTS.
SUPREME COURT DECISIONS.
Monday. January ~, 1879.
Present-All the justices.
By JUSTICE MARR.


positions to claim of Charles Connolly, appel
lantIAppeil from the Second District Court
The mere placing of claim against a success.
sion In the hands of the executor. without OBJ
tanning his written Acknowledgement OF its cor.
RICHNESS. Is not sufficient to interrupt prescrp.
A widow In necessitous circumstances ia en-
titled to the $1,000 allowed by law. though there
had been q judgment Of separation from bed
and board between her and her husband. ~
No. 663l. r.. NJ. walmsley ct al. vs.. s. Men,
Sixth District Court. parish OF Orleans.
The probate court has no jurisdiction to
compel the surviving partner and liquidator
Der to render an account All proceedings to
force such liquidator to render an account and
deliver to the administrator OF the decedent
conrt Of ordinary jurisdiction.
The liQnidator cannot be proceeded against
for any single item appearing to the credit Of
full account of the partnership affairs and the
ascertainment OF the final balance due by him.
that such balance can be demanded of him.
Judgment reversed and petition dismissed
as In case OF non-suit
No. $3.50: Davidson B. Penn. appellant. vs. the
Superior District Court. parish Of Orleans.
When a partnership is dissolved by the seiz-
ure OF the assets OF one Its. members, the
other partner cannot alone bring suit for the
value Of partnership property seized as be-
longing to the defendant In execution ali the
members OF the former firm must be parties to
Judgment amended SO as to reverse certain
rights OF plaintiff and his former partner.
By JUSTICE DEBLANc
No: 6774: Gtate of Louisiana VS.. Albert Ray
tbe from
to the suf1ciency Of an Information when the
alleged defect ts apparent on its face.
Judgment affirmed.
yeyn, Ppellant.-Appeal from the Superior
Criminal Court parish OF Orleans.
Judgment affirmed.
No. 1889. Mrs. Bertha Lewis ct al. vs. Widow
= y.dr, tsDin tptrix ct al, appellants Appeal
Motion to dismiss overruied. ''''''
od NO 1883. r. g; Taylor. appellant, vs.; J. NJ.
oonr 81 ore sem the Fourth District
me surety on bond for suspensive appeal
from an order OF seizure and sale which appeal
is abandoned. is liable 10 plaintiff for the differ
ence between his claim and the proceeds Of the
property sold.
Judgment reversed.
BIZ JUSTICE SPENCER.
No. $685.. Lucius Phipps w. Mrs. Ruth snod-
Fourth District coar parish 81 SIiea rrom
An exception to the jurisdiction of a court
rationi PERSONA must be- pleaded IN limine Ar
domicile for the purpose Of being sued in a fu-
lure proceeding. and not TO defendant who.
6 being sued In court other than that Of his
domicile. pleads to the merits without excep-
ton; he cannot afterwards be allowed to plead
the nu!ity Of the Judgment against him for
want Of jurisdiction ratione personos In the
court which rendered 1t.
Rehearing refused.
No. 66o3. The State of Louisiana Va. Alfred
Townsend. appellant.-Appeal from the Supe-
ri9r d Criminal Court parish of Orleans.
No. 1857; RosaIie Mutchler ct al. We. The Bank
OF Lafayette. apDelant.-Appeal from the Sixth
District Court, parish OF Orleans.
III Inc right to the usufruct Of the children's
yiving husband or widow was conferred by an
act OF 1884, and rannot be claimed bv the sur-
WING spouse whose husband or wife died prior
Judgment affirmed
n No 7I6s. Frederick Regal, appellant, va. job n
b. Mu len: Mrs Margaret CHASER third me-
nenit:EsAppeal from the Fifth District Court
Judgment affirmed
- NO. 5767. Mrs. Mary Germaine tutrx va
frank Mallerich. appellaut.-Appeai from the
q f ken ! Dis ul.t Court PARISH OF Orleans.
IA an action to annul a sale under execution.
a. auu 70 recover possession Of the properry sold
t1eleunoer. no previous restitution or tender
o. me price paid Is required to a purchaser ia
o oau iai.n VINO knew OF the nullity OF the pro-
cesoings when he accepted title.
judgment affirmed.
No. $780, Succession of L. W, Lyons, the
S HlnoIs Lyons. iappellants.-Appeal from the
rebonr District Court, parish Of Orleans.-On
Where an appeal bond, in the usual form. is
petIeet ana complete In all its parts except That
~ tne Do0y OF the bond. the space for the name
OF witness. the court Will presume that he
signed as surety.
Motion to dismiss overruled.
BIZ JUSTICE WHITE.
No. 7lS2. Mrs. Louise DestTehan vs. police