The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-08

| LII Ii the value OF Jn0 property 6equtSJtIou,
not the amount OF the Judgment alone, which
regulates the obligations OF the sureties on
the bond given to release the sequestration.
The form and conditions Of such bond being
provided by the Code Of Practice TART. 279l.
the liability OF the sureties thereon must be
determined by that article, and any condition
| inserted iii the bond other than Ii contained
In that article Is illegal and cannot be en-
forced.
| Judgment affirmed.
| No. 1880. Thomas j. Pirtle. appellant. vs.. War
Court. parish Of Grant.
administrator of succession to resort TO for
| the recovery or goods purchased with 1unds
which he. alleges were stolen from the success
Judgment reversed and ease remanded.
Chief Justice Manning dissents.
| No. 1918. State OF Louisiana vs. John Jonn-
son, ppellant.-Appeal from the District
Court, parish of Pointe Coupee.
| Judgment affirmed.
BY JUSTICE SPENCER.
| No. 72oG. State OF Louisiana vs. E. Frap-
part appellant.-Appeal from the District
Court, parish Of st. Tammany.
The police juries Of the different parishes
have no right to demand payment OF licenses
from the keeper OF a bar upon steamboat,
plying upon the lake or other navigable
waters.
Judgment reversed.
No. 7169. John Kerwin ct al, appellants, vs..
leans--Appeal from the Third District Court
parish Of Orleans.
The judgments Of this court In cases ap-
pealed from the late Superior District Court
must be filed In and executed by the Third
District Court, to which the records OF the
Superior District Court have been transferred
by law.
No. $3.50. w. w. Handlin, appellant, va. the
New Orleans, St. Louis and Chicago Railroad
NJ, xnA. M
District Court parish Of Orleans.
In purchasing from the city lots situated
In the square bounded by Fulton, st. Joseph,
North Market and Front streets, plaintiff
acquired no right to compel the city to open
St Joseph and Market streets over the bat
ture from Water street to the river, and
therefore has no claim against defendants
for damages caused by their building dspots
across those streets.
Judgment affirmed.
No. 1893. New Orleans Pacific Railroad
Company vs.. Andrew Ell. Gay, tutor, etc, APP
pellant.-Appeal from the District Court,
parish Of Iberville.
The legal presumption ID that the full own
the lands which plaintiff seeks to have ex-
prOpriated under section 1881, Revised Stat
utes Is necessary to that corporation, whose
charter confers upon 1t perpetual existence,
such full ownership Is not necessary, and the
onus of showing it is on defendant.
It is proper for the judge to charge the jury
III an appropriation suit shat the damages, be-
yond the value OF the land taken, can be offset
by the enhanced value Of the balance Of de-
PENDANTS lands resulting from the projected
improvement.
Judgment affirmed.
BY JUSTICE WHITE.
No 7242. James Fl. West, appellant, We. p
e. Davis and Mrs. Widow EEL. Kuntz.--Ap-
peal from the District Court, parish Of Jeffer-
son.
grounds, |. Want Of proper parties to the
appeal; 2. Errors In the transcript; 8. That
the appeal was taken after the legal delays.
The motions were made after the three
days and are hence not In time. OF course
the denial Of the motions will not preclude us |
from ascertaining when the case Is before us
on its merits whether the necessary parties, |
to Justify decree, have been made, whether |
there 10 an appeal, as also whether the trans
cript is 30 defective as to preclude the forma-
upon these questions owing to the tardiDess |
In filing the motions-they are therefore de-
MED.
No 65lo. Henry ". Benjamin. appellant,
Superior District Court, parish Of Orleans.
The holder OF bonds OF the city not alleged |
to be payable out Of q particular fund have
no standing In court to prevent an alleged
illegal diversion Of that fund to other pur-
poses.
Judgment affirmed.
No. 1853. Spencer Field, appellant ys.
Daniel Weaver.-Appeal from the Sixth Dis
trict Court, parish Of Orleans.
The allegation that the note upon which
executory process issued had been extin-
guished by coming into the makers posses
sion and had subsequently been wrOngfully
appropriated by plaintiff, warrants the in
junction OF the writ OF seizure and sale with
out bond under article 739, G. P.
Judgment reversed and case remanded.
!. M 715S Widow Mary HaryAy Va Nalann
Lanphier Il Go. and r. II. Short, appellants
Appeal from the Fourth District Court, par
sh of Orleans.
A waiver Of protest written upon promis-
sorry note and signed by the indorser dis
oenses with the necessity OF demand upon
The maker ,...
Judgment affirmed.
No. 5946. Mrs. S. Ell. holland, executrix, vs..
Q. g. Wayne ct al, ppelants.-Appeal from
the Fourth District Court, parish of Orleans.
fn 1868 Wayne 90 principal and Seymour as
surety, signed bond for the release OF q Sc
i. fla. issued against Wayne under the final
Judgment In the suit was returned "nulla
bona" In 1869, and suit being instituted
against Seymour, the surety, Judgment
was obtained against him in 1870,
the a amoaat thereof pad By seymou4
Pending the appeal In Seymour's case
Wayne, the principal on the bond on which
Seymour was surety, was adjudicated q
bankrupt and finally discharged In 1872. The
present action, which Is brought against
Wayne by Seymour's executrix to recover
the amount which he was condemned to pay
IN the suit against him on the sequestration
bond.
Judgment affirmed.
Justice Mari took no part in this decision.
UNITED STATES DISTRICT COURT.