The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-22
Of that separation In order to execute the
| Judgment thus obtained.

upon which 1t is founded
Such a judgment must be executed In pain
and nullity, and an interval OF four years be-
tween its rendition and the issuance Of the
! first writ of fl. ia. under 1t is not the unin-
teri upted suit to obtain payment contem-
plated by the code.
| Judgment reversed.
No. 7O71. Paul Bellocq vs. the city Of New
Orleans OF ais, appellants.-Appeaf from the
Third District Court, parish Of Orleans.
State and city taxes are concurrent privi-
to those Of concurrent mortgage creditors.
passage of the act abolishing the Su-
perior District Court and transferring It's
records to the Third District Court, to return
the writs of fleri facias issued by the former
| in order to obtain aliases from the latter.
| The existence OF the Superior District Court
was, q,toad these writs, prolonged and merged
in the Third Court.
Judgment reversed.
by JUSTICE MARI.
No. 1898. Julius Levy ys. Wallace u Co, ap-
pellants. Appeal from the Sixth District
Court, parish OF Orleans.
Judgment affirmed.
No. 741O Andrew w. Metcalfe. appellant,
VS.. Charles E. Alter and the sheriff.-Appeal
from the District Court, parish Of Concordia.
The homestead act requires that the person
claiming its benefits shall be the bona tide
owner of the property which he seeks to have
exempted from seizure. One of several CO.
cannot claim Its exemption under the home
stead act
Judgment affirmed.
Justice Spencer was refused In this case
No 1893. Lambkin q EggestOn, appellants,
vs.. Maxwell u Goodman.-Appeal from the
District Court. parish OF Madison.
Judgment reversed.
No. 612s. A. Baldwin d Co., appellants. vs.
the First Central Diffusion Sugar Manufac-
turing Company Appeal from the Fifth Dis
trict Court. parish Of Orleans.
The payment, to the exclusion OF other
creditors, of wages due Iaborers and mechan-
les Is not the giving OF such a preference as
will authorize the issuance, under article $40,
g. F., OF writ Of attachment. Judgment af-
flrmed.
No 74O9 James A. Metcalfe, appellant, vs.
Charles E. Alter ct al.-Appeal from the Dis
trict Court, parish of ConeOrdia
Int act OF partition, or in an agreement fix |
ing the terms OF proposed partition, one agent
or attorney Is incomp etent to represent several
OF the co-proprietors; each CO. proprietor must I
act In person or be represented by separate
attorney. Where several minors are the own
ers Of the property to be partitioned a special
tutor must be appointed to represent each
alone
Judgment affirmed.
Justice Spencer was Reused In this case.
BY JUSTICE DE BLANC. /
No 7438. State of Louisiana vs. Edward +
Howard and Jerry Bassett, appelIants.-Ap-
peal from the First District Court parish of
Orleans.
judgment affirmed.
No. 1886. A. A. Singlet.ry vs. J. r. Single
tary, sheriff. ct al, appellantsaAppcal from
the District Court, parish OF Livingston.
The fact that the + eidence OF q debtor is
situated on portion of q tract of land owned
by him, which is laid out In lots OF town
not Incorporated, dos not debar him from
claiming the benefits Of the homestead act
thus situated cannot be considered
as urban.
J,dUment affirmed
No. 1852 Henry Barth vs.. Mrs. Louisa
Hasa, widow Of Francis Bone, appellant
Appeal from the Sixth District Court parish
of Orleans.
Where a married woman resists the collec-
ton OF q debt, contracted by her In accord
ance with articles 1877 and 1913 of the Civil
Code, on the ground OF fraud, it is incumbent
upon her to prove that the fraud was COM
mltted by OF to the knowledge OF the party
claiming the enforcement OF the contract.
Judgment affirmed.
No. 1920. Raphael Hebert, administrator
appellant, VS.. Emile NJ. Lefebre-Appeai
from the District Court, parish of West
Baton Rouge.
Judgment affirmed.
BY JUSTICE SPENCER. p
: No. 7458. Mrs. Arena Dobard, wife OF G.
Escande, appellant vs.. G. v. Thibaut, sheriff.
et al,-Appeai from the District Court, parish
Df Plaquemines.
Appeal dismissed.
~ No 1858. Shock Il Palmer, appellants, vs..
District Court, parish OF Orleans.
ordered that consideration of the case be
suspended until the rules relative to the filing
of briefs are complied with.
=; NO. 7426 State OF Louisiana vs.. Thomas
appellant.-Appeal from the Su- {
'e r p Criminal Court parish Of Orleans.
1t Is too late to object to q question pro-
pounded to a juror while bel examined on /
lis roir dire, after it has been answered and
he juror rendered to the accused.
Judgment affirmed
No. 1865. State of Louisiana vs.. Louis /
JGrany and Matt Gainnie, appellants-Ap-
zeal from the Superior Criminal Court. par
sh OF Orleans. c
Judgment affirmed.
NO. 1913 The State ex rel. John J. Atkinson I
= al. vs.. Alien Jnmel, Auditor, appellant. I
Appeal from the Third District Court, parish |
II Orleans.
No further specific legislation is necessary !.
Q authorize the Auditor to warrant in favor
he amount of the proceeds of the tax sale in
xcess OF the amount due the State deposited
the treasury under act No. AZ, OF 1871.
Judgment affirmed.
NO: 7428. Jules Lacoste vs. Conrad Duyic. =
ppellant.-Appeal from the Fifth District
curt, parish Of Orleans. /,
Wnere 9 suit has been dismissed as In case
I nno'.-suat and the surety upon the seques-
raIlon oond therein given is sued for dam
ges by the defendant in seauestratlon. il is
ompetent for him to prove that the latter b
vas not the owner of the property seques- i
cred. a~00 q
Judgment reversed and case remanded.
No. 7439. Oscar II. Foreman, appellant, VS..
larlon Francois.Appeal from the District
curt, parish OF East Baton Rouge.
The law gives three days after the return
ay, within which to file the record, and the ap-
cal bond, being part Of the record, can also v
e !, flled In the last OF the three days. g
The omission or insufficiency of description o
the notice OF seizure of part of the property
elzed under executory process Is one of those
LOCALITIES or Irregularities which are cured
y the prescription Of five years. /,
firmed.
No. 5767. Mrs. Mary Germaine, tutrix, vs. t,
rank Mallerick, appellant Appeal from g
ne Sixth District Court, parish OF Orleans. 81
,ehearing refused.
Nc l2EQ Tho tot, -afI | "