The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-25
THE COURTS.
SUPREME COURT.

on Monday, twenty first instant, our reporter
was unable to prepare syllabus OF Inc i sn.
lowing decisions then rendered III tilne ioi
publication In the next days issue.
BY JUSTICE SPENCER.
| No. 1889. Justin Lacoste, appellant, vs..
Thomas FL, Handy ct als.-Appeal from the
| Third District Court, parish OF Orleans;
Where the return to writ OF cefttor0fs
shows that the documents Inc absence VI
which the writ was desgnen 90 as sdPh ay been
| lost or mislaid, and upon such return maue
tho appelle files waiver OF all objection TO
1 their non-production, the case Will not pc re-
manded for a new trial upon asppeiiIanls l ~
| ton, but will be proceeded Win Wl1nouo Ihe
missing evidence.
| Judgment affirmed ~
No. 7164. John Carreau, appellant, " ]. @, Q.
Aymes-Appeal from the Ell FIFTH NJ Dls 1177
Succession OF l.. Fl. Tabarry, John Carreau
| district Court, parish Of Orleans
The administrator Of an insolvent sue
ceased as fraudulent or simulated to the
the end that his debts may be paid: But such
an action cannot be maintained to defeat
rights and titles acquired in good faith by
The judicial sales referred in article 1869, g.
c.. as inattackabie for lesion, are those in
which all legal requirements have been full
filled.
| Rehear1ng refused.
Barrow, appellant-Appeal from the District
Court. parish OF Iberville.,
When the Legislature declares that tax
collector or attorney shall receive certain
per ce'sttn. On the amount o. taxes collecIso
tion out OF those taxes Of the sum necessary
to nav that commission. The officer collect
ing those taxes may withhold therefrom his
commissions Ior snch eoectlon ana p,ean
against the States demand for the amount OF
taxes collected by him.
The attorney employed to collect taxes is
entitled to commission on the amount OF all
| taxes which his suits caused to be paid
| though the payment be made directly to the
| tax collector No commission can be allowed
| him. under section 218 Revised Statutes on
judgments or suits where nothing has been
realized
Judgement amended by being reduced to
| 1881 Oh.
| BY JUSTICE WHITE.
| No. 7466. Justo Garcia Leon, appellant
vs.. the Louisiana Mutual Insurance Com
pany Of New Orleans p X; rl Bryant s gar ar
Court, parish OF Orleans.
The provisions OF act No. 81. Of 1877, rela-
tive to the traversing OF garnishees an
swer apply to process Initiated prior, as well
as subsequent, to its passage.
| Judgment affirmed.
No. 7442. State Of Louisiana vs. James A.
Finn, appellant-Appeal flom the Superior
i Where upon the trial OF q case on an inlOr-
nation for shooting with pistol 1t Is discov-
cred that the weapon used was gun, the
court can allow the State to amend the infor-
nation 80 as to designate the correct weapon.
Judgment affirmed.
No. 1866. w. w. Washburn, administrator,
va. Simon Frank, agent, appellant. u. Adler
and II G. Bull intervenors and appellants. -
! Appeal from the Third District Court, parish
of Orleans.
One who acts as the agent of fictitious
suit brought against him as agent and on
| the trial Of which the non-existence OF the al
legged principal Is disclosed.
Judgment affirmed with 5 per cent damages
against Frank IL Adler.
No. TAG. Mrs. III. A. Laloire and husband,
appellants, VS.. P. s. Wilt Il Go. Bush II
Levert. third opponents.-Appeal from the
Fifth District Court, parish OF Orleans
This court cannot consider the prayer Of
one appellee that the Judgment appealed from
Be amended as between himself and the other
The holder of pledge granted under the
act of 1874 page 114 need not adduce proof oil
the necessity Of the supplies furnished by
him.
Judgment affirmed
1 Justice DeBlanc was recused.
No. 1857. Louisiana Cotton Manufacturing
Company appellant, vs. City OF New Orleans
parish Of Orleans On rehearing.
Article 118 OF the constitution contains ar
enumeration Of the classes Of property which
the Legislature has the power to exempt from
taxation, and hence withholds the power o.
extending such exemption to classes not there
enumerated.
The Legislature has no power to commute
upon the annual payment OF designated
sum, the ad ralorem tax which must be i'm
posed upon every class OF property moi
included in the constitutional enumeration D.
those classes which may be exempted from
taxation. Hence act No. 8 of 1875, exemptins
cotton and WOODEN factories from all taxes
upon the payment by them Of a fixed sum an
nually, is unconstitutional.
Former decree set aside and judgment O
lower court affirmed.
} Justices Mari, DeBlanc and Spencer deliv
cred concurring opinions, and Chief Justice
Manning delivered a dissenting opinion.
No. 1872. Succession Of W. e. Reynolds
Mrs. Ellis Reynolds and others opponents
, and appellants.-Appeal from the Second Dis
, trict Court, parish OF Orleans.
, An account and balance sheet drawn by
merchant, which exhibits the balance due
, deceased partner are admissible in evidenc,
) against the succession OF the partner by
whom they were made. The PRESCRIPTION O
. three years does not apply to an action fol
the recovery of money collected by the de
! PENDANT for plaintiffs account
When services are rendered at fixe(
monthly salary, prescription does not depend
upon the termination OF the employment
Though the services be continuous, prescrip
ton begins to run against each months sal
airy from the date upon which it becam,
due.
Judgment affirmed as to Mrs. Ellis Rey
nolds; amended as to Mrs. G. s. Reynolds by
being Increased to S1139 05; and as to G. W
Hotchkiss amended by rejecting the sum o.
1924.
/ SUPERIOR CRIMINAL COURT.
NFORMATIONS FILED.
d. g. Walker carrying concealed weapons
honda S05n @ -