The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-11

promise TO pay are liable Jointly, and not IN
Judgment amended by being reduced to sia..
| 4ol 10 against defendants Jointly.
No, 71e4. John Carran vs. J. o. Aymes. Widow
Hy. Tnbary third opponent and appel ant
Appeal from the Fifth District court. parish Of
| Orleans.
Judgment amended by striking therefrom the
No e77s. The State of Louisiana Va; Charles
dSgtsGy 5rG% the
III Jndgm miaa nP pmad parish Of of'eans'
M. bss1. Mannheim Bsrwin vs.. The Factors
ana Traders Insurance. Company OF , New M Vr-
leans appellant. Appeal from the film DIS
| lriet court. parish Of Orleans.
TIE clause usual in insurance policies where
by their assignment II forbidden without the
insurers consent first obtained. affects only as
signments made prior to q loss uUon the policy
1t cannot govern those made after such loss.
The holder OF policy % 4, insurance who
py him under It, cannot. recover when one OF
the conditions Of the policy provides for It's for
feiture In the event Of such false estimate.
No No. 5 ,fat4 Pho. Brother 4 90 va Erastns
Jones. appellant Appeal from the Fourth Dis
triet court parish Of Orleans.
Judgment amended so as to allow defendant
$500 on his reconventional demand.
No. 1889 V. II. Barnard, appellant. va. Ernest
VickDair.-Appeal from the District Court par
18Th Of, Lafourene.
Judgment amended.
No. IL. Succession Of Henry Tabarry: John
Carran opponent and appelantt.-Appea rom
the Second District Court. parish OF Orleans.
Property belonging t. "a suceesstou cannot be
sold, Mt the first Offering. for less than its ap-
praised value.
judgment reversed.
BIZ JUSTICE SPENCER.
No. 7oi5. Mrs. Elise Lahauve vs.. Henry y.
Slack. executor of Austin Voolfolk, Jr Joseph
y. Voolfolk. opponent and appellAnt-Ap
from the District Court, parish OF Ibsrvilie.
The hypothecary action Ia proceeding IN
rem which follows the property into whatever
hands II goes and when the property sought to
be recovered by such an action Ia In possession
Of succession. the heirs Of which are present.
they must all be made parties TO the suit.
No, 7lsi. Bun Mutual Insurance Company ct
al. Va. Board Of Liquidation ct al. appellants
Appeal from the Filth District Court. parish OF
Rehearing granted and former decree
No. $500 Mrs. Widow J. G. de st. Romes. ap-
pellant vs. the Levee Steam Cotton Press ct
ais Appeal from the Superior District Court.
parish of Orleans.
The effect OF appellants acauiescenee in the
app aied from Ia only to prevent any
change In that Judgment Tor bis benefit; but the
proceed with the cause and change or confirm
he judgment for the benefit Of the appellee.
The prescription Of three years Applies In
il the capital stock of banks and other
Judgment affirmed.
phie Gollain. On opposition Of Walter Pugh. |
lppeilant-Appeal from the Second District |
JOurt. parish of Orleans.
The costs OF holding u family meeting TO ap-
point o tutor are not chargeable to the success
ion III the minors have means of their own; In
his case they are allowed the homestead OF |
100. and those costs should be deducted from
hat amount.
An administrators ia not entitled to bis COM
hissions on the proceeds OIL the sale OF proper
y sold under executory process OF the ordinary
ourts. and which did not come Into his hands
or adm mis- tration and distribution.
The objection thu claims against success
ion were not recorded must be specially
beaded.
Judgment amended and case remanded.
No. 1924. The State Of Louisiana OK rel f. w.
fairchild Va. Talbot Stilmau.
his court become final only after the lapse OF
hree judicial days, and an application for re-
earring filed on the third day Il In time. though
no court may have adjourned sine die prior to
Mandamus refused.
Chief Justice Manning delivered dissenting
No. 5s2a. J. d. Camora & Co.. appellants. VS..
be Peopies Insurance Company. Appeal from
be- Filth District Court parish Of Orleans.
Where the holder OF an Insurance. policy. the
property covered by which has been destroyed,
Ives TO bis creditor an order upon tho insurer
Dr such amount as may bs found due under
he policy. and the insurer by it's conduct In.
ucss the holder Of such order to believe that II
onsents to the Arrangement and subsequent
Mise with the insured and pays him immedl-
telv. 1t will yet be liable to the holder of the
RIDER.
Judgment reversed.
No. 1925 II. Il. Cafin & Co., appellants, va
.isso Il Scheen,- Appeal from the District
lourt parish OF Rcd River.
Appellants moved to dismiss this appeal and
n the same day filed an answer praying that
ne judgment be affirmed, without a reserva-
ION in the answer OF their right to dismissal.
he motion to dismiss must therefore be con-
idered as waived and abandoned.
A court has no power to grant an eJ parte or
or for the release without bond OF property
ttaehed In q suit pending before It,
Judgment reversed.
BY JUSTICE WHITE.
No. 1921 State OF Louisiana ex rel Mrs. A. NJ,
|. Simonds vs.. the judge of the Fifth District
jonrt. parish OF Or cans.
Mandamus and prohibition refused
No. 1913 State OF Louisiana Va. Rosine alias
larry Alexander. appellant-Appealf from the
superior Crimina Court, parish OF Orleans.
Judgment affirmed
No. 1885, Antoine Lanata. appellant w. Chaa
,nyhi.-Appeal from the District Court, parish
4 Plnduemines.
Judgment reversed.
No. 7275 Widow Rosanna O'Keefe. appellant
3. Thomas II. Handy. ct ais.-Appeal from tue
'xth District Court. parish Of Orleans.
Judgment reversed and case remanded,
No. $500 Il. u. Charpaux. for the use, ETC.. and
VIZ. Charlotte O. Beloca wife OF
ilbert, and her husband. appellants.
rom the Fourth District Court. parish OF Or
sans.
Judgment reversed.