The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-15
lcm - 1ourth pisttlst Court parlsh q or

0L1n! g lnterrups the Pleecrlpt!0n q! the orig
rights IA the hyDcthecary action. Judemen
No. 7osi,, Mrs. r, Chapman vs. 8. Q. Nelson .
als.: appellants;- Appeal from the Fourth Dis
g Acts Nos. and 40 OF 1863. in compliance witty
the records Of the Third District Court. exceD
1 appeals from justices. 70 the Seventh Distrlc
pennr q IL "a and
Court were transferred to the Fourth Distric
Court reg: That At these acts do not confer
revive q Judgment rendered by the Third Dis
) trlet Court IA 1867, judgment reversed.
+ from Ate t6e h " ssp
An appeal viii lie from a Judgment maintain
, Ing less than $500. where the demand OF plain
LII tne appellant Is for an appealabe amount
Motion TO dismiss overrued.
ton. ap liant. State OF Louisiana interyenor
, and appelant.--Appeal from the Third District
, Oouit. parish Of Orleans
4 Judgment affirmed
No. 6s7a In the matter of the minor Victoria
Forfier., William Pass tutor ad hoe. appellant
A|ppe,al from the Second District Court, parish
Under the general supervisory power which
Is the duty "a 81 tso
when an emergency arises requiring imme-
diate attention for the protection Of the minor
rights. to appoint special tutor dd hoe TO act
for the minor until tutor can be regularly ap-
pointed.
judgment on o rule to have cancelled the mort
gage In favor Of the minor. bearing upon the
tutors property: 1t Is b 9 duty In case Of the
other tutor to represent the minor In the
matter
No. 6ssI: State OF Louisiana OK rel. Board of
school Directors. appellants. va. j. Brette ct
al.Appeal from the Superior District Court.
The Superior District Court was absolutely
without jurisdiction to enjoin or interfere with
| the execution OF judgments rendered by JUS
toes on the pe ace or to interfere by prohibition
| or otherwise with proceedings bending in an
other district court.
L. Judgment reversed.
Philip Burnstein ct al. Mrs. Barnett third oppo-
nent and appslant-Appeal from the Second
The administrator Of sueo1 ssion who files
hls an n. account and has it homologated and
he hes t9 Be Put n With
| him. or requiring security from the heirs. occu-
pies no better. position than any other creditor.
| ance with article sg6 o. P. and Ia27 h. q. q.
judgment affirmed.
By JUSTICE DHBLANo.
No. s7o5. Crescent City Live Stock Landing
Ps VS.
court. parish Of Orleans. A' 'A' niiu D'''i'o'
The Judge Of district court has no power
plaintiffs petition therefor. accom- panied By a
proper bond. discloses a case warranting its
JUDGMENT reversed and case renanded.
appellant Id Adler and Il. g. I Bali. inter- inter-
pasS 81 b2Rsans the
When the certificate Of the clerk attests that
the transcript 10 eomplete. the fact that 1t was
compiled by appellant himself Is not suff1-
cient objection to authorize the dismissal OF the
Motion to overrule dismissed.
No. TOOL Tho Siatn Of Jnufaiana va Gaorua
Carroll. appellant.-Appeal from the District
Cyurt. parish Of Tangipahoa. On rehearing.
entries on. or supply those which have "4 been
improperly omitted from. the minutes Of his
court upon the application Of any party ~ n
even where huspensive appeal has been taken
Former decree set aside and mandamus made
D1 NJ. sSss. Mrs Widow de St. Romes. Dr.. Eu-
gene DE- st. Homes subrogated. appellants. VS.:
Fourth District Court parish Of Orleans.
No. 722o Male & Cammack. appellants. vs.
Horace L. Dufour.-Appeal from the Sixth Dis |
triet Court, perish Of Orleans.
Judgment affirmed.
IN ~ sasa- TIE ,, State Ct Louisiana vs. Samuel
paIs q the
Judgment affirmed.
: No 56o1. Magdalena Ries ct Ell VS.. Elizabeth
the Fourth 1 Di.trct court parish q Orleans.
Judgment affirmed.
No. 1883. The State ex rel, s. Kats, testament
Judicia! District ct ais.
Prohibition made perpetual.
vs. Louisiana sS Equitable LIE: Gam
pany-ApPeal from the Sixth District Court |
WRer e. a lie insurance company accepts the
Dromissory notes OF the assured. In lieu OF the |
cash premiums stipulated for In the policy. it |
cannot escape liability on the ground that such |
tuted, upon. the dishonor Of the note, for the
forfeiture OF the contract.
judgment reversed. |
BY JUSTICE SPENCER.
No. 69s9. Succession OF Stephen Duncan Lin |
ton. State National Bank and q. E. Fenner. OPP
ish Court. parish Of Rapids. On rehearine -
Former decree. amending Judgment OF lower
No: STA. William .Durbridee vs.. Job Smith.
Court. parrish q Orleans.
No. b144. Maurice Abrams. Moore Janney and |
Hyams subrogated. appellants VS.. Union Ma
ton Bank a.. from the Superior District
The exception OF no cause OF action must be
maintained in suit to render bank liable for
certain nD1n WHICH,
being certified BY its officers. was SO altered BY
the drawers as to be payable to bearer and was
unless 1t be ALE ged that the bank was privy to
some arrangement by which the rights Of the |
Dayee In the certified check had been secured.
Judgment affirmed.
mo. 7l0s. James o. Fox ct al. vs.. Vim. Mckee,
appellant Appeal from the Sixth District
Court parish OF Orleans. On reheartnR.
Under an agreement In q contract OF lease
that the lessee shall pay five per cent on the
whole amount OF the lease as attorneys fees. In
the event that suit should be brought for any
portion OF the rent, when the lessor has sued for
the dissolution OF the lease such attorneys fees
can be computed only on the amount of rent
due up to the date OF such dissolution.
Former decree set aside. and judgment OF the |
lower court amended By reducing the attorneys
fee to $5y 90. and by allowing to defendant $500.
on his unconventional demand.
No. 7211. State of louisiana OK rel J. M.
Weymouth vs.. Allen Jumel, Auditor. appel
lant--Appeal from the Fifth District Court,
parish OF Orleans.
Judgment aft smad.
No. $685. M. Shelly & Co. vs. Peter H. Thode,
from the Fourth District
settled. 4
NO. 716O. Bussey & Co. w. Nelson & Co., T. L.
Bayne. curator Gd hoe appellant-Appeal from