The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-04

ownership to the other persona tharain namad
,i1nI ~ ~. reversed, and A, W. Baird reeog
estRte OF deceased 49, ~ wv VI INV
NO 1896. Succession of Daniel Gehr. epne,.
from t Hm pppp,hshtign q Leopold Gehr Appeal
where an Inventory is attack cd on The ground
Lnet patt on tho aeaats consisting III Tho antire
blnas Y, 8ooaa u store. was appraised IN
| piooh, qua not In detail. go aa to arrive nj the
| trne value, Of aaeh article. the testimony of tho
petspns VINO acted IA appraisers II admissible
article sepatately keeping a mamorandnm
thereof, and having added together the differ
| s III sums thus obtained. the aggregate amount
was transcribed blythe notary Into the process
| verbal ~ the inventory
Judgment reversed
NO. NO. 7lt state Of Louisiana vs. Arthur Boi-
| court. parish ~ East Baton Rouge.
/ Judgment reversed and case remanded
| nv JUSTICE SPENCER.
| No. 1900. Htate Of Louisiana vs. Amos Avery
| nt ais. Hppallana.-Anppal from the Dist riot
| court, parish Of ~. Landry
Wltnnasae who testify TO the confessions oi
| The accused need give only the substance Of bis
declarations Il ia not necessary that thev swear
| to the precise words used by him Wha her
such confessions were Or were not induced by
threats ot promises u d question Or fact which
4 this court cannot review,
Judgment affirmed
No 7aI7, A. Rains ct al;. appellants. va
| Alfred bput. sheriff at al-Appeal from the
| District Court. parish of Sabine.
| Appeal dismissed
No. tpni Rasalia Mntrhar, wife, etc at al va
the Bank Of Lafayette ct a.. appellants. An
peal from the. Sixth District Court parish Of
| Orleans. When the plea OF prescriptiop Il
first Invoked In this court. on application, re-
Hand the cause for trial upon that plea
Cause ramandad.
| 73s1. Robert A. Hunter. appellant va. W. p.
Blaek -Appea! from the District Court.
The Judge Of q court who Ia the defendant In
| suit brought before II, is incompetent TO make
| any order In the case except one Of recusatien.
Hnt flv lAlu IL Lone ,i.l
| No 1926 Roth Deblleu Il &C. appellants va
Joseph Hoard. y: Mathews. testsmt nt.ry OK
| ecutor, garniahae, y MeWilliame. intervennr.-
Vile. ''" 10 D's'''' ooo'' 'Af'sn 2 per
No appeal viii lie from decree refusing to
order the eaespt t 81 succession to deposit
interest In which one of the heirs Of the snccas-
zion has been seized In the hands Of the exeeu
tor under garnshment process issued BY the
narty seeking ~ obtain such order.
Appeal dismissed.
Justice White wns REFUSED In this oaae
No. 100. The state of Louisiana Va lack
Toby, alias Tarpy. etc, appellant.-Appeal from
the Superior Criminal Court. parish ii Orleans
The voluntary statement Of the accused made
before magistrate cannot he introduced III
evidence on behalf Of the party making II,
Judgment affirmed.
Justice peBlano delivered dissenting opin-
Ion. In which Justice Mari roneurs
peauts. VI. i. q. 4. Kaufman. sherfr. 1t ats ~
FeIiciana. Tho appeal being dismissed 81 ' Il
moIyp To d.mias feing asked for. az second q nd
though an application for rehearing lie pend
Ing as 10 the decree rendered on the merits Of
the case In favor Of the other appellants.
Motion to dismiss refused and judgment re-
vetaed.
y, M; 1850. Heirs q, Lestan Prudbomme w. Il.
triot court, parrish Of Red River.
No damages can be allowed on n unconventional
demand in suit Tor eiectment from leased prem
from defendants answer such reoonventional
demand and the prayer for jury based
thereon
Judgment affirmed
No, 1902 Lizzie NJ Taylor va. VIM. Rous OF al
appellaut.Appe from the District court.
parish Of East Carroll
Judgment affirmed,
No, 1921. State Of Louisiana OK rel. Thomas
II. Wynpe vs. Allen Jumel Auditor appelIant-
Appeal from the Third Distrist Court parish
Judgment amended by being reduced to
s2i GO.
ny JusTIcE WHITE
No. 1894. State ex rel William /, Poole va
the Judge Of tho Second District Court for the
parish Of Orleans.
This Is an application for mandamus to direct
ton without bonds. This court cannot do 80 AZ
IT. power 70 mandamus can he exercised only
In. Did Of Its appellate jurisdiction.
MandaInus refused.
No. T2s6 state OF louisiana w. J. o. King.
apnnllant Appeal from the District Court. par
In an information for stealing mule the do
setipiion ono mu "a valued at seventy dollars
the property Of John NJ. DefTee" Ia sufficient
Judgment affirmed.
No. 1927. State Of Louisiana va. Randle Haw-
kinH, appellant Appeal from the District
Court parish Of Union.
Judgment affirmed.
No. $3.50 Dyrne. Vance Il Co., appellants va |
GeorgelM. Marshall Appeal from the District |
Court. parish Of Tensas. On rehearng.
Former decree maintained.
Justice Spencer diEaants.
No; e95a. J. W Montgomery. appellant va Ed |
ward Il. Wilson at. al.-AppeaI from the District |
Court, parish OF East Carroll On rehearing
Former decree maintained.
Juattce Spencer adhefes to hls original dis |
senting opinion.
No. 7lGs. Louisiana Levee Company. appel |
liant. w. state Of Louisiana Appeal from tho |
Third District Court, parish Of Orleans.
Judgment reversed.
No. 1897. j.. r. Love. appellant. vs. z. T. Web. |
ster, sheriff, ct al.Appeal from the District |
Court. parish Of Red River.
Judgment amended by allowing $50 damages |
NJ counsel fees.
No. 7376 Heirs Of Harriman appellants va
Peter Young and John Jauney.-A Appeal from |
he District COurt. parish of Concordia
Judgment affirmed.
Justice Spencer recuaed
No. 1924. City OF New Orleans w. St Anna'a
Asy lum. appellant from tho Third
District Court. parish of Orleans.
Judgment affirmed
Justice Mari dissente.
No. T952. Citizens Bank OF Louisiana w. r. g.
Niltz Bush Levert. opponents and appel
ants. Appeal from the District Court, parish
y st. Charles.
Judgment affirmed.