The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-04
THE COURTS.
SUPREME COUNT DECISIONS.

preaaut-Al the Justices.

sfLn ".
pQnaehsi a Hoard II school Directors for The
uar,lab III Concordia va Joseph Hernandez .-
hsnealiton HID. board II School Directors for fbt
ssrrlah Of Avoyees Va. Joseph Hernandez Re
Eaarng refused;
Mo ET7t VIM. nurbfidRe ys. job Smith Re.
NJ ae3i. II NJ. Wamsey ct nj. vs.. s. Mendel.
,ahn at al ReheHting refused,
W. anna Mrs. Catherine w. Witbnratl va VIM
Il H. Witherel. her husband - RebearlnQ ri
mo mn seTe. II. Bldwel vs. A. A. MaglnnIs.- Re.
IVA s7Bi. New Orleans Mechanics Society "
n hi H. rris. tax eolleeter.-An application for
assahaaring Of THE cause was made and tjms
wss asked e prepare and Ole printed briefs
HTte lime has now passed and no printed
briefa have. been filed, and the rehearlng II
M, 1881 ~ ~. Martlr. district attorney IRA
lam. w. police jury Of the parish Of H. Charles
appellant Appeal from the district court par,
Xii n A.. Charles.
IN isTl by resolution n the police jnry. pein.
HH was elected q tttct attorney pro tenn. ofthe
parish OF ht Charles Mt a yearly salary Of 5000
The mode q nlling sueh offices was changed
IN 1874. Acts =. stl. and their appointment was
Vested In the Governor. who appointed plaintin
10 the position ~ that parish. The aeceptance
BY plaintiff 81 thts appointment vacated the
oi1ce az previously held aud cancelled the con
tract for the salary heretofore fixed. The police
Jury was therefore competent 10 appropriate a
ess eum for the salary q the office than had
amended by being reduced to s62p TO-
No, 1912. state OF Louisiana ". Israel MorrI-
son. eppelIspt. Appeal from the District Court
hon which has been declared a nudity does not
Interrupt prescrlption. Judgment reversed.
No. eeso state Of Louisiana va. George Bess.
psrlsh Of Ibefvlle.
Where the Judge Of the lower court refuses
Or neglects to, return into court, go that they
mHy be copied Into the transcript Of appeal the
bB OF exception handed him for signature by
The prisoners counsel. the ease will be re
msnded for new trial.
Judgment reversed aud case ramapded
q M, T4s. State Of Louisiana ex rel In w.
HeaIest appellant, ys., Hebrew Congregation of
The Dispersed Of Judah"
The civil courts cannot review tho actions of
al Ecclesiastical tribunal which has expelled III
communicated member OF tho religious
body to which II belongs.
Judgment affirmed,
No T2pp. The State va Stephen perkIna m
peant- Appeal from the Dlstrie. Court. par
hh Of Franklin.
In evidence against him. though made while III
custody Of armed men, none OF whom were on
epre and by whom he was arrested without any
warrant, II Induced by no violence. threat or
promise.
Judgment affirmed.
No. es29 New Orleans Gasight Company. APP
pellant. W., the Board Of Assess ra-Apnaal
from the Sixth District Court parish Of Orleans.
No appeal TO the courts will lie from the award
Of The two arbttrators provided for by section ~
of the revenue act of 1871 TO- 1851 where such ar
bItrators agree ma to the value or the property
the assessment upon which Ia sought to be- re-
dueed. II In only where these arbitrators dia-
that an appeal will lie; the finding OF the latter
alone being subject TO review by the courts
Judgment affirmed.
!. No. 1857. Aaron Loeb, appellant. va. Francis
Decuir et al,-Appea from the District Court
parish of Ponte Coupae.
The Legislature Of 1915 having suspended the
that year, no title could be acquired by sale
made under n Judgment. and execution issued
hereunder, obtained prior TO the expiration OF
that delay.
Judgment reversed.
No, Tss3. Mrs. Virginia Thomas ct al, appel
ANTS. w. James J Dundaa. appellant. Appeal
from the District Court parish of Madiaon.
Upon motion or rule 70 act aside writ Of
PROVISIONAL seizure proof Ia ndmaE lille 10 show
,hat the affidavit upon which the writ issued ia
.s,'e Gent asiafded by maintaining the pro-
vlrjunal seizure and rejecting the credit allowed
;, No. 1924. William I. Pike We. New Orleans,
pany, aGpelant-Appeal from the Seventh Dis
rict Court for the parish of Orleans.
Judgment reveraed.
No. 1887. Tho State ex rel, Ada Pierce Do
legre va. the Judge Of the Second Dietriel
JQSt for the parish OF Orleans
The Judge Of probate court cannot grant an
20 resi- rain the trial OF oppOsitiuns
o the account fled by the executor Of n sue
'eesion under administration Ia hia court and
when such an Injunction, having been granted
" him II dissolved, he must proceed with the
rial Of the oppositions, though Il euspenaive
appeal be pending from the judgment dis-
Giving the Injunction,
Mandamus made peremptory.
Justice White REFUSED himself In this case.
ny JUSTICE MARI.
No, 1892 Harry Lewis. tutor. etc, appellant.
~. New Orleans Savings observation-disclosures
rom the Fifth District Court. parish OF Or
cans.
Motion To diHmiaa oynrrutad
No. 1910. g. u, Shields, appellant. vs. Charles |
!. Pipes. Tux colector-Appeal from the Parish |
)ourt, parish OF Concordia.
Act No % az 1877, forbiddIng police iuriea |
rom levying more than n designated percent |
xe OF taxation, cannot affect creditors OF a /
'arish who had obtained judgments prior TO tho
'assage Of that act
Judgment affirmed
No. 1859. Mrs. Widow Fields. tutrx. appel
srsb tsna Sn q
Mrs, dasne, who. was separated In property
rom her husband purchased. at n sale pro-
oked by him rs adminisirator, property be,
he minor heirs Of that estate, seeks to have the
Augment Of separation In favor OF Mrs. Gagne
eclared p nullity. and the sale to her decreed
otd as being made to a person interposed.
ne probate court IL without jurisdiction TO
1tertaiu such suit.
Judgment affirmed.
No; 6s7b. State or Louisiana Va. Solomon
hppnlant-Appeal from the District
curt, parish Of Baton Rouge
Judgment liilrmpd. |
No. 1888. Wallace 4 Handlin. appellants, va.
m. y. Calhoun, ct nl.-Appeal sfrom the Dis
let Court, parish OF Grant
Appeal dismissed reaeryinn to plaintiffs the /
ght to supply the record I'm the lower court
No 1908. Francois Bonnaffe va succession OF
'idow Bonnatle tappelant- Appeal from the
econd District Court, parish Of Orleans.
Judgment reversed
ny JUSTICE pEBLANC
No 1885, Mrs Bertha Lewis at nj. va Widow
+. pepin. tutriX, ct al.-Appeal from the
xth District Court, parish OF Orleans.
Reheartng refused.
No. 1884 Mrs. Ann Ford w. Mrs. Ann r.. KIT E
idge appeilant.-Appeal from the District
Durt. parish OF Assumption.
Judgment creditor Of n succession who in a
lit to destitute tho ADMINISTRATIVE establishes
10 fact that the succession has been rendered.
solvent by her NEUTRALITY-SUSPICIOUS., may. with.
1t provoking the appointment OF another ex-
'ator. proceed Immediately against the des-
tute administrative and the surety on her
md I
Motion to dismiss overruled and judgment /
frmed
Justice White dissents. 1
No. 1880 Mr. and Mrs. s. p. Chrichlow Va. f. J
az 4 Co.. appellants, and Z. J. Gay 4 Co, I'D
sllants. w. Annie L. Donelson, wife of \. +
nrichlow. consolidated from the Dis
ie Court. parish OF Lafourche.
judgment reversed.