The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-31
SUPREME COURT DECISIONS.

BIZ Manning, q. -. Hsh uo Aehion VI s W.
nnllgty 81 d judgment has been brought within
n vear from the date Of it, rendition, such
Judgment becomes req ddfndicdtd as 10 the
parlles to the suit IN which II was rendered.
Judgment which has THUS become reg
adittiicufa cannot be attacked ON the Hrolna
that the law upon which IL WIS predicaten
has. In another case, been subsequently pio-
nonneed unconstitutional.
NO. Tbi0-THE STATE tx REL. JOHN Youss,
WI. THE JUDGE or THE THIRTEENTH aubi-
GlAL DISTRICT.
BIZ Mannipp q, AN appeal III a =, c III
tastluu n sheriff a election is retilfnhble ~ VIZ
next regular return day for appeals rom tne
parish iii which the suit is brought \,
The daeiajpus In Aud w. walton, ~ Ann
ag5 ana LHtiief W. Nallatas, ~ hiih+ 80, fte
reaffifmed In this case.
NJ 7la4-gEnNE j. uonE VIZ. WA. 1t. RAN
~, Mat7. n Sections $3.50. 1904 and 1925
~ the Revised Statutes, providing for the
eeiznfa by tho tax collector without process
III court and for the sale by him within live
DAYS, If tho property IA OF a perlshahle IA
taIie. III tho goods and wares Of such peddlers
as shall refuse to pay tho license tax I'M
posed upon their calling, were not repealed
by act No. 40 Ut 1871.
The license Tux Of 800 imposed by act No.
IA III 1872 On each peddler or hawker who
nafldles or carries merchandise or groceries
for sale through the State IN boat or other
water craft. applies To residents OF other
states VINO nave UTOHkHb LHH NItnuChS VI
those States To Louisiana for the purpose OF 50
peddling them, as we'll as to residents OIL this
State
The imposition Of such license tax upon
nnn-fesidents who come here for the purpose
ui carrying on the business 30 taxed, is not
vioiative III article Of the constitution OF tho
United States, which vests III Congress exeu-
aiveIy the power Of regulating commerce
among the several States.
The word "peddler' In the act or 1879
means travelling merchant who carries mer-
Ghandise about the State, for sale ut any
points where he can find o market
NO. 5gT2-s. FRIEDLANnER VI. SLAUGHTER
HOUSE COMPANY
By Afuyr. L-When the certificate of stock
Of d corporation, In conformity with Its char
ter, provides that the stock shall be trans-
ferable only on the books OF the company
upon the surrender OF the certificate, q pur
chase OF such stock who neKlects ID have the
transfer 30 recorded on the eompany's books
hns no recourse against the company for the
value of the stock which, subsequently 10 his
purchase has been seized and sold under
Harnshment process LID q suit against his
vendor, and has been transferred on the books
Of the company to the purchaser at the sher-
iff'a sale LII obedience to Ill order OF cOmpe-
tent court rendered on y rule taken against
The company to compel such transfer.
III the absence Of any transfer upon its
books tho company cannot be held to knoWl-
edge of the ownership Of the certificates by
any transferree merely because he may have
been allowed To vote as such owner at an cleo
ton for directors of the company.
NO. 7252--J. MARTINEZ WI. r. aALLo1s. MRS. r.
MARREHO, IETERvBNoR.
Bu Mar, J4-When In order to avoid the
legal prohibition Of a married womans be-
coming surety for her husband, the name OF
third party Ia substituted for thatof the
husband who thereafter purports to act as
The agent Of such third party, the wife can
not be held liable by . person who was aware
and
NO. 44G5--MRs j. d. HoLBRooK vs.. a. NJ. HOL,-
BROOK.
BIZ DE Bta,c IA motion to dismiss an
appeal cannot be considered II not made with
Iii three days after the filing Of the tran
script, even though the causes urged by the
mover be such that the court may er proprfo
muta, and after that delay. dismiss the appeal.
NO. 71a4-s. W. HAMMOND vs.. +. ROSS ET
Ais. JOHN THORN DEFENDANT IN RULE.
I3u DE Blanc. J-When execution issued
against the principal ON an appeal bond has
been returned mo property found the sure
ty on the bond can be proceeded against sum
marty by rule to have his liability fixed,
whether tho Judgment appealed from was
affirmed or amended by this court.
The right to such summary proceeding ID
not confined to tho plaintiff In the original
suit, II may be exercisedby any transferred of
the plaintiff.
When mn appeal bond has been satisfactorily
shown to hive been lost or mislaid, 1t Ii not |
necessary to prove that such loss has been
advertised la accordance with articles Nos |
227e and $3.50 Of the @. G., In order to use the
Copy contained In the transcript Of appeal as
evidence upon the trial Of the rule against
the surety.
NO. 74sa I'll. BARTH VI. MRS. u. BONE. A.
sCHNElDER, THIRD OPPONENT.
BIZ DeBinne, y.-@-In a contest between o
mortgagee and one claiming the mechanics
lien upon the improvements erected On the
mortgaged premises, parol evidence is nd
missible to show thati tho building contract
under private signature. though purporting
10 have been executed on the day preceding
that upon which 1t was verified before q JUS
tice Of the peace and recorded, was really OK
ecuted and siEned on the same Gay thaI IL
was verified and recorded.
Al against third parties an act under prl-
vate signature has no date except that at
which II ID produced, on that which Is shown
by evidence dehors the instrument.
no. 7473-THE STATE VS. THOMAS TAYLOR.
Bp Spencer, Upon trial under an In
tIIctment for murder the eorOner's inquest Is |
admissible In evidence, but only to prove the
corpus detict,
it ID the duty OF the judge specifically to
charge and caution the Jury that they are to
rive 10 effect to that part or theinquest which |
states that the accused Inflicted the wound.
and III the record does not show that the Judge
performed this duty. the verdict Will be set
aside on appeal and new trial ordered.
NO. 75ol-THE PEOPLES BANK vs.. MRS. r.
DUNIESIKE EFT Ais.
BY Spencer, AN insolvent debtor cannot
revive and reinstitute prescribed debt to the
prejudice OF his creditors, but he can inter-
rupt prescription by acknowledgements OF
the debt and such verbal acknowledgements
may be proven.
An action to annul mortgage on the
ground that II was executed to create an I'M |
lust preference In favor Of the mortgagee Is |
prescribed in one year from the date OF the
mortgage.
NO. 7423-sTATE or LOUISIANA VS.. DAVID N.
BARROW.
By Spencer, AN attorney employed to
collect taxes il entitled to commissions on all
the moneys which he causes to be paid into
the treasury. aud he can withhold sAch COM
missions from the funds collected, upon
which they are calculated. and out of which
the law appropriates the per centum allowed.
Such commissions are due upon all taxes
txy,l