The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-06
SUPREME COURT DECISIONS $ |,
- 727D--Jos. MALNoURY, ADMINISTRATORS,
w. s'A'o7 vs.. WALTER PUGH.

enasen . ene issi1ed by himself and Is sued
~ XIX admnistratOr for hts proportion OF the
r9uileeed debts alleged to have rem alhe - III ~.
Kid alter exhausting the proceeds e. re NJ
mnuahes. the court Of ordinary JuTlsdlcl 81.
n whieh the suit is brought cannot lhqui.,s
into II the disposition Of those proceeds mace
y hv the administrator. 49,, on,,,
silrh ar1 inquiry can be entered lnJo guy lli2y
III the probate court in which alone the de1lclg
+ INV. ean be ascertained, and u Is only Wnen zen
fhis deficit IL shown by his final account tnat
f11e administrator can proceed agaihsI ILs
mortgagors for heproportlon elieleol uuo ~
Il the latter. Ma .@a a-.
M. 7457 -E W. BURBANK VS.. CITY OF NEW
- ORLEANS.
VI, 1fonnin1. o. J.-All claims for damages
4f, II nyyner uf land, caused by It's exprOpr1a-
4 Hon for the construction Of public works, are
& barred by two years prescription, Wh1cn
to rn from TIE aat ~ o. ss W fer ne
construction OF the works.
NJ 1hp value of the land at the date Of the ex-
nroprintion la the basis which the court must
take upon which to make its assessment Oh
Tie value Of the portion appropriated.
No. 5628 JOHN 7. MooRE q co. vs.. PATRICK
IRWIN.
III M,yr. J-Any number Of persons, who
ii 1lslys, agreed to contribute to common enter
rrise, may, in anticipation Of the actual incor-
4 poration, designate some person 70 act as
president and treasurer, to whom the amounts
Subscribed by them shall DO paid, $500 60
The person who receives, Ia such Eepresen,,
tAtive capacity, the subscriptions paia LII ana
Immediately places them TO the credlS OF o., me
Cunfemplated association, cannot be held IN
diyidually liable for the amount 90 pam n ntm
4 by one off the subscribers, who subsequently
Tsft1ses to sign the act OF incorporation.
\ IN silch subscriber has the right to be retm.
111r,sed the amount paid by him In advance 81
ffe actual incorporation, his claim can only 90
against the association.
73sse-o1TIzENs' BANK vs. BouNY, TAX COL
ss LEgTOR
hi MUrr, J.~-Under the constitution OF 1872
TIE Legislature had the power OF selecting the
ff1iects of taxation and OF exempting certain
objects therefrom: 1t therefore had the right,
which 1t exercised by the acts OF 1888 and Ivy,
izeng' Bank, oil exempting that corporation
j during the continuance Of lts charter from al
taxation, whether State, municipal Or paro-
I chial, upon It's capital
valuable consideration, fixed and accepted by
3 tile State, contract was thereby created Pc
tween the bank and the State. which the latter
J cannot violate Or impair
AB by those acts oil the profits OF the Dank
nut dfvfied among the stockholders were to
I be added and made part Of its capital, al
/ property which The bank has purchased with
D Hose profits must be considered as forming
partUf its capital and DIS embraced within the
We're the exemption gratuiteus It would be
considered merely as q suspension OF the SOW
GretRrl right To tax all property, which the
y State might resume at pleasure. Inc mere
failure oil the State to exercise any constttu-
! tlOnal right cannot be held to be g surrender
The intention of the Legislature in passing
I The revenue act OF 1873 was not to subject the
capital Of the various banks to taxation, PVT
10 tax the individual stockholders On the
BhAres owned by them.
assessors have proceeded In the manner pre-
ecrlbed by the act OF 1878, TO ascertain ihe
value of the shares Of the several palKs' Inc
4 assessment Is nulity.
I no. 73g2-W. 81. BENEDICT vs.. MRS. JOHN FTTz-
& PATRICK.
R,i de- Blanc, 1.-THE sherfff's adjudication
81 1.-THE right, title and interest OF an nelr
II, fr1d to the SUGGESTIONS OF his parents,
which are still under administration, does not
upat In the purchaser the interest OF the heir In
\ real estate purchased subsequently, TO the pa,
Y rents death. for the benefit Of said heir and
other minor heirs by their tutor
Y Nf1 7864-SAMUEL SMITH VS.. THE BOARD OF
S@ LIQUIDATION.
~, DpRl1nc. J.-Act No. 30 of 1870 did not
authorize the State Registrar Of voters TO
furnish the blanks and stationary required
fnr election polls, and I'LL warrants drawn for
I FIAT pnrpose against the appropriations
made by that act are illegal and not fundable.
Ma GD43, IN THE MATTER OF THE MECHANICS
5.= soCIETY,
~ Spencer, 1.-THE 11ot1-perforrnanceby the
rIonee III the conditions upon when doIia-
zion 10 made entities tne Donor 20 basaan 800
Thpuuh such performance have result
Il iii frnm no fault Of the donee, but is due 70
II The accidental destruction OF the buildings
upon the property, tho right OF resolution
" Attn exists In favor Of the donor, the only
effect 81 such involuntary failure being to
exempt the donee from restitution q me
i fruits and revenues Of the property Tor
rhieh he would otherwise be liable. and per-
haps entitle him to delay when me eou a,,
ditions and thereby avoid the resolution.
No. 72s7-THoMAs s. ELDER vs.. CITY OF NEW
ORLEANS.
III SDeucer, jim suit brought to annul
4 Judgment and to enioin Its execution pend.
IND Gle action Of Dullity, the q hdavit annexed
sorth as bases OF an Injunction, and reasons
\ why an Injunction should issue, are true and
correct" is insufficient to authorize the in.
Junction.
conjecture and inference what facts In the pc
Mffnn are "a be considered as the bases anC
rensOns for the Injunction.
M Id only when an Injunction has been taker
Il to restrain the execution Of money ludgmen
that damages can be .summarily awardet
mon itg dissolution against the principal AM
snraty. III all other cases the judgment 9
dissolution should reserve defendants rights
d TO proceed on the Injunction bono 1or suci
damages as may be due him. -.
me publication Of the lts delinquent 4sn cas list
ii not A judicial act, and the power to max
it can, therefore, be conferred BY the Legisla
ture upon the Administrator OF Finance.
The right Of the Judge to preside ~ cour
cannot be colaterally inquired into 10 g
d action for the nullity Of Judgment renders
81 All No. So of 1853, providing that writs ie
sued under Judgments for taxes shall con
tinue in force until finally satisfied, ts not rs
Il pealed by the general law on the subject z
the return Of writs contained In the Revise
Statutes.
IN the parish Of Orleans the seizure is cor
structiytly made by recording the notice in til
mortgage Office, and this seizure ts not fnva
dated BY the failure OF the sheriff g return t
show the date and hour of the registry as tn
law requires.
NO. 5967--HEIRs OF KILLELEA VS.. LAURENC
l# r. BARRETT.
- II 4 ~ &fo