The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-11
THE COURTS.
SUPREME COURT BECssIoNs.
Monday, March no, 1870.
Present-All the Justices.
By CHIEF JUSTICE MANNING

LawrdsOn and husband. Rehearing refused.
Company VS.. Marine Dry dock and Bhip-yard
Company nehearlng refused
W. III 6ee. +. 4. uharpauS. for the use Of o.
saIette nud indlvidually.ys. Charlotte q. Belocu
vile Of /. q Gilbert and her husband Rehear-
IN NJ ,e IVA caro,,,o p,.. o,,... ,,.,
parish Of Polnte Ooupee.
suit for the purpose Of annulng judg-
false documents and false testimony, viii not
lie where II appears that the existence of the
alleged false, documents. was known to The
party cast In the first suit before and ut It's trial
ana that no objection to Introduction or any
application for continuance on the ground Of
surprise was made, nor a new trial asked for
cpd that NO effort was made to, contradict or
discredit the witness who is alleged to have
falsely testified. To maintain such an action
ldches. Judgment fIrmed.
: No. 1899 Sarah Gordon, appellant, Va. N. King
KNOX, Anpeall, from the District Court. parish
The failure to record n vendors Hen within
the time prescribed by law operates Its loss only
ties to the contract.
Judgment affirmed.
aa No. 149 Y Lucinda Lucinda Dyson, appellant rs
ment affirmed.
No. 1ioi. Edward J. Gay. appellant. va. New
from the District Court parish Of IberyllIe;
!, When N an INJUNCTION suit i Is alleged that
defendant be not restrained from continuing
the acts complained of such allegation s sum
Client to vest jurisdiction IN the District Court.
Judgment reversed and case remanded
No 1911. Caroline Perry W. John q. Burton, |
appellant Appeal from the District Court, par
ish Of Pointe Coupee.
Where a written instrument Ia offered I'm evil |
dence, writings made blythe parties upon the |
same piper which. have reference to the sub |
jact matter of the instrument. and tend to OK |
plain 1t, are also admissible
Judgment reversed aud case remandad.
No. 7H5: Caroline Perry appellant. va Eugene |
Oubre Appeal from the District Court parish |
of Pointe Ouuppe.
Judgment affirmed.
ny JUSTICE MARI.
No. ese7. Matilda J. Bowie ct al vs. John Il
Weatherly. appellant Appeal from the Dis
trice Court. parish of Tensas.
Judgment affirmed.
No 67s3. The State vs. Ahsolum W. Ford. ap-
pellant. -Appealfrom the District Court, parish
Of Sabine.
Defendant. indicted FOR burglary pleaded
prescription. The Indictment having set
forth that the accused after committing the
offense had absconded aud fled from justice. II
was question Of fact, solely within the prov.
50 .absconded and thereby Interrupted pre-
scrlption.
Judgment affirmed.
No. 7i96. Edward J. Gay h Co.. appellants
vs.. Mrs. NJ. Nj. Blanchard, wife of Huthon.-
Appeal from the District Court. parish of La
tourehe
Tho perfect solidarity which II expressed In
the code by the words in sotido exists only
where several are bound by one and the
same contract to one aud the same cred
itor or oblgee. or tn the same creditors or
obligess to do one and the same thing and 1t
ls only where this perfect solidarity exists that
the citation of one of tho debtors interrupts
prescription with regard to the others. so. |
where gives his promissory notes, secured by
mortgage Ell, upon property which he sqb5e.
notes. suit upon the notes brought against b
will not Interrupt prescription as to A.
Judgment affirmed.
No. TAOS. Mrs. Euphroslne Blake. Widow
Niles. admins ratrix, appellant, va. Richard A. |
kearney.mAppeal from the District Court par
Judgment am rmed.
~ } M 4 Ws q q aPReaps
District Court parish Of Tensas.
Judgment afIl rmed.
Mr. Justice Spencer refused
Br JUSTICE DEBLANo
No. 57ss. Louis Mestier Va. Merchants Mn
tual Insurance Company. appellant-Appeal
from the Fifth District Court. parish of Or
lenns.
Proof of fraud on the part Of the insured IL
In an action upon an insurance
policy where the answer ts only general de-
One insured IN IRE policy IL entitled to re-
cover only the market value, at the date Of the
lire, of the goods totally destroyed. and as to
damaged goods the difference between their
value and like goods unchanged.
Judgment reversed and case remanded.
No. 1928 state OF Louisiana Ok rel. City Of
New Orleans w. the Judge Of the Sixth Dis
trict Court for the parish of Orleans.
The Judges Of the district courts for the par
lsh Of Orleans are without jurisdiction to en-
tertain hdbeds corpus proceedings. the object
of which Il e inquire Int? the legality or con
ment decreed by the recorders Of the city OF
New Orleans for violations of the ordinance of
city w ffivs six to ne s y 81
Such On Inquiry IL exclusively within the prov
nce Of this court.
Mandamus refused. and prohibition made
No. 1929. State OK rel City Of New Orleans ct
I Z Vs. the Judge Of the Sixth District Court Tor
used and prohibition made perpetual.
by JUSTICE SPENCER.
No. 5000. John M. Henderson. trustee, etc. vs.
Charles Case, receiver of Crescent City National
Bank. ct ais, appelants-Appeal from the
sixth District Court, parish of Orleans.
The purchaser OF dishonored note or bill
'annot acquire good title as against the true
,wner. /,
Judgment affirmed.
No. 1906. City Of New Orleans vs. Eugene
Naggaman ct ais. appellants. -Appeal from the
Third District COURT. parish of Orleans.
Section % of act No, 80 Of the extra session o I
s7o tcreating d charter for the city of New Or :
eansl which authorizes the Issuance OF writs of 7
Provisional seizure for unpaid licenses. is ger
o provide for the government Of the. city Of
Jew Orleans and the administration Of the af
IRIS thereof" ETC.. and said section Is. there :.
ore, not unconstitutional. Z
Where writs OF provsi onal seizure have been Il
ssued the sheriff is authorized and obliged to
eceive the sums due by the persons against v
ghom they have been issued. even though the
vrits do not specify the amounts due the seiz-
n9 creditor.
Judgment amended by ordering the discus I
ion of the principal debtors property before
shall issue against the suretiea.
No. 1890, John 0'Connor, appellant. vs.; parish
# East Baton Rouge.-Appeal from the Dis
riot Court, parish Of East Baton Rouge
A suit in damages will not lie for the amount 4
Il parish warrants which were cancelled and de- Y
troyed upon plaintiffs surrendering them to
he parish In exchange for bonds subsequently
declared null and void. Plaintiff should have L
ued upon the original obligations, alleging a
nd proving their destruction and value. "
So far rs the salary Of district attorney pro
EN- Is concerned. the defense that he was inef-
eient or without learning is inadmissible. but
S relates to his commissions on suits pre-
ented or defended for the parish. his claim can
"a resisted on the ground that services we're not T.
endered or were inefficiently rendered /
Judgment amended by being increased to :
630 AZ.
BY JUSTICE WHITE.
No. 1882. Mrs. Louise Destrehan, wife of J. Fl.
Harvey, VS.. The Police Jury. Parish of Jeifer-
= a. 4