The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-11
THE COURTS.
SUPREME COURT.
Monday, February 10. rs7a.

No. COIL. Mrs. II. o. Olivier. widow Bienvent
Va. q. Decuir, sheriff at al.
M. 1858. Wallace b Handlin Va. William s
No. 1869. j. Il. Smith vs. Mrs. M +. Pool an
No. 1867. Aaron Loeb We. Francois Decuir G
No. 1871. Caroline Perry vs.. John G. Burton
No. 1878. Montgomery Delony vs.. N. Burton
No L, 7575 H. D. Shields vs.. Charles A. Pipes
NJ. 7s7e Hsirs Of Herman Va. Peter Youn,
and John Jannev.
No 737. A. u. Rains OF al. vs. Alfred Lout
No. 757s. Mrs. Il. M. Taylor and husband VS.
No 1879. John 4 Butler VS.. Henry II Long.
No 1880. I'D. Pirtie. curator, vs. Warren Prize
No. 1881. Britton & Moore vs.. Miss Virginia
| Bush.
No. 1892. r. W. Bowman VS.. Henry Avery.
No. 1923. Mrs. Virginia Thomas ct al vs.. jas
J. Dundas
No, 7ssa. Renshaw. Cammack Co. vs.. Joyce
j. Callahan and husband.
Decisions.
| BY CHIEF JUSTICE MANNING.
| No. 7220. Male Il Cammack VI. Horace l.. Du-
four. Rehearing granted.
| No. 1885, Bradlsh Johnson ct al. taxpayers,
| hearing granted.
No. 795 Widow Anais Berens W. Joseph P
Leblanc and. Honoro Boutte. executors. etc
No. 554o Norwalk Iron Works vs.. b J. West
Rehearing refused. =. ,.nou n mn, po,o.r
No. 1909. jackson & Manson VS.. II. III. Hof-
man ct n. ,Isehearing refused.
No. 7277 Burke Il Thorn pson vs. Philip Chap
liant. Appeal from the Third District Court.
parish OF Orleans.
Where q debtor frnudulently disposes OF all
his property for q manifssty insufficient price.
It is not necessary for his creditors to resort to
the revocatory action: such n sale can be disre-
ya rdpd and nrODpFfV aatZpi In tho hands of the
fraudulent purchaser.
Judgment affirmed.
No 1903 State OF Louisiana OK rel. l.. DePoor-
ter VI. Gervais Leehe ct als.. appeants.-Appeal
from the District Court. parish OF st. John the
Baptist
Suit dismissed at REALTORS cost with reserva.
ton OF respondents rights to any action for
No. 44Oi, Thomas M. Gil. receiver. ct al VS..
A. A. Atocha, OF ais. appellants,-Appeal from
the Sixth District Court. parish OF Orleans.
Judgment affirmed.
ETC. ys. Wallace 4 Co., appelants.-Appeai
from the Fourth District Court. parish Of Or
n.--ment amended by being reduced to
NO. 4ssa, Sarah Sterling ct al, appellants. vs.
Mrs. 3. 7. Lawrason and husband Appeal
from the Sixth District Court. parish OF Or
The executrix OF succession. who, dur
Ing the late war received Confederate States
treasury nctss In payment ,nt Of debts due the
pStHte, CANNOT D6 Inhu6 lthDlb lOF inc lOSB res
sulting from such d transaction.
Judgment affirmed.
No. 7ssi. T; Wharton Colsns. appellant. vs.
from the Fifth District Court. parish of Orleans.
For the purpose of the exception Of No cause
OF action. all the allegations OF the petition are
be true az alleged that plaintiff s the holder OF
warrants issued In payment q his salary as a
constitutional officer Of the State during the
years 1874 1875 and 1876 that the appropriations
for each OF those yea 8 are Ia exce-s Of reve-
nues, and some OF them must therefore be null
that the Treasurer has pa id and 70 paying such
as he may choose or select without regard to
their character or nature. and that IL he con-
tinues 80 to do the funds applicable to plain
tins warrants VIII Pc exhaIsted without MS re-
an Injunction issue inhibitlng the State 1reasu-
rer from paying any outstanding warrants
and 1875. before or without at the same time
paving his warrants.
The averments Of the petition constitute o
good cause of action and the exception should
have been overruled.
Judgment revetsed. Injunction reinstated
aid case remanded.
No 1889. Justice Lacoste, appellant. vs..
Thomas ii. Handy ct al. Appeal from the Third
District CouIt. parish Of Orleans.
Case orde cd reinstated on the docket for trial
on the merits.
by JUSTICE MARI.
No. 6775. The State OF Louisiana vs. Edward
McVey and Paul Taylor. appellants Appeal
from the Superior Criminal Court. parish of
Orleans.
Judgment affirmed.
No 6777. The State Of Louisiana Va. Michael
Monier. appellant-Appeal from the Superior
Criminal Court. parish OF Orleans.
Judgment affirmed
No. 1909. q. p. Boyer ys. Board Of Liluida
ton. ap pellant.-Appeal from the Third District
Court, parish of Orleans.
Vail warrants drawn by the Auditor upon
the Treasurer. outstanding Mt the date Of the
passage OF act No. OF 1874, are fundabe under
that act.
Judgment affirmed.
NJ, 1890. G. W. Randolph. appellant, vs.. B D.
Wood Il Bro;-Anpeal from the Sixth district
Court, parish Of Orleans.
RehearlnE refused.
No $3.50. John Carran vs. Il. Mallerich. ap
from the Fifth District Court
parish Of Orleans.
Judgment amended by being increased to
s340.
No 6e4t. The State OF Louisiana vs. Michael
Brennan. appellant from the Superior
Criminal Court. parish of Orleans.
To constitute the crime OF robbery
application Of force as to amount to vioence
and to cause bodily harm to the person robbed
the mere exhibition OF force and putting In
bodily fear are 81 ffleient.
Judgment affirmed.
No 678l. The State of Louisiana Va. Richard
Miller. appellant-Ap from the Superior
Criminal COURT. parish of Orleans.
1t is not necessary that an indictment should
show the grand Jury BY which It is presented
was duly charged by the court: 1t Is sufficient II
that fact appears upon the minutes.
In an indtctment for perjury no other part OF
testimony alleged TO nave been given by the |
accused need DO set forth but that which Ia al
legged to be false; nor is 1t necessary that the |
Indictment state for which party the accused |
had been sworn. or what particular result he |
contrived or intended to cause by SUCH false
swearing.
Judgment affirmed.
No. TIC. G. H. Lawrence & Co. vs. W. g. Herr
nance. for the use etc. app-lant-Appeal from
the Fourth District Court parish of Orleans.
Where garnishee In his answers to the In |
propounded to him, admits that
he has possession OF goods consigned to him |
by the defendant In attachment and, ater iudg-
ment against such defendant with privilege on
the property attached. the plaintiff obtains an
eJ parte decree ordering the garnishee to pay
the amount of sueh judgment. an Injunction
will lie 10 restrain execution against the gar.
nishee upon the allegation and proof that he
owed nothing to the defendant. and that his
answers TO the interrogatories we're made
through an error which was not discovered
until after the order condemning him to pay
the amount Of the judgment against defendant
In attachment.
Judgment affirmed.
No 6al6 Archibald W. Baaird under tutor.
ct al. W. L. E. Love and John A. stevenson. ct
al. appellants,-Appeal from the District Court.
parish OF Red RIVER.
Neither the title nor the right of possession Of
real estate can be d termined In a suit tn which