The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-08
THE COURTS.
SUPREME COUNT DECISIONS.

lHL CVOlOl0s
SUPREME COUNT DECISIONS.
Monday, April =, 1870.
Present: All the justices.
BY CHIEF JUSTICE MANNING.
No. 1881. r. Wharton Collens vs. A. Dubu-
clet, State Treasurer Rehearing granted.
No. T21S In re John Wallace, praying that
award Of aTbitrators be made executory-he-
hearing refused.
alias Terpy, etc,-Rehearing refused. Mt.
No. 1857 Aaron Loeb VS.. Francois occur
ct al -Rehearing refusing. c,,
No. 6S29 New Orleans Gas LlRnG ool'npa -.
VS. the Board of Assessors Renearlng re-
No. 1876. q. B. Shields vs.. Chas. A. Pipes,
taT collector. etc. ehearing refused.
No. 1878; Montgomery d. ne, ra9ys VS. y. bur
No, 1854 Mrs. Ann Ford vs. Mrs. Ann n.
Kittridpe Rehearing refused.
No. 1905. City of New Orleans VS.. Il Wag-
gaman ct als..Rehearing refused;
No. 1876. Heirs OF Herman vs.. Peter Young
and John Janney.-Rehearing refused.
No. 1891. State OF Louisiana, appellant, vs..
B. H. Lanier ct als.-Appeai from the District
Court. parish OF East Carroll.
The Auditor Of the State has no right or
authority to extend the time within which the
law requires tax collectors to make their set
Elements with him, and tax collector who
has failed to make his settlement within that
extension by the Auditor, defaulter, cannot
escape liability on the ground that the State
funds which he had collected had been stolen
from him. Judgment reversed.
al. ys. E. A. Burke ct ais, appellants
peal from the Fifth District Court, parish OF
Orleans.
The fnstallments Of the purchase price Of
the st. Louis Hotel, purchased as State
out OF the halfmill tax levied and collected for
the years In which the installments respect
lively became due; and the Treasurer has
therefore no right to divert from the general
fund Of 1873 any sum for the payment OF the
installment maturing In 1872
When the State Treasurer improperly d.
verts fund from one purpose to another,
those holders OF warrants drawn against the
diverted fund who, by their vigilance and
the fund to Its proper uses have the first
right to payment out of that particular fund.
Judgment affirmed SO far as it DEGREES that
the sum OF $21. 928 IA be restored to the gen
eral fund OF 1878; reversed SO far as 1t MAIN
tains the interventions, which are dismissed as
In case of non-suit and amended so that the
Injunction be maintained and the mandamus
m ide peremptOry 30 far as requires the dis
Elbution pro rata, among REALTORS Of the sum sun
No. 74O8. In the matter Of the Introduction
or Scott Watson, appellant, Mrs o. IT, Wealth.
eE ct al. intervenors and appellents-Ap-
peil from the Parish Court, parish OF Tensas.
Judgment reversed.
Justice White delivered a dissenting opinion,
In which Justice Spencer concurred.
No TAI. Succession Of VIM. r. Stone. On
opposition Of Miltenberger q Norton and
others, appelants.-Appeal from the Parish
Court, parish Of Madison.
The administrator OF a succession who per-
mlts funds belonging to 1t to remain in the
hands OF his commission merchants does 80 at
his own risk, and must personally bear the
the merchants.
Where contract OF lease contains the
stipulation that the leased premises shall not
be- sub-let without the lessons written CON
sent, the assent given by the lessor to sub
lease cannot be considered as an acceptance
by him Of the new lessee as his debtor In the
place and stead OF the original lessee; the
latter can still be held to compliance with
his obligations under the contract.
Upon the death Of o lessee, prior to the ex
piratiOn OF his lease, the rule laid down In |
article 1912 Civil Code must be made to apply, |
and In accordance Herewith the lessor Is
term Of the lease reduced to Its actual cash |
value, by deducting eight per cent per an
mum from the amount OF the rent stipulated
In the lease.
converting meeting OF the creditors OF an
inEOlvent succession is permissive and not |
mandatory.
The bond Of an administrator can be can
not be cancelled pro tanto to the. amount Of
provisional accounts fled by him In course Of
administration.
Judgment reversed and case remanded.
No. 1883. The State OF Louisiana VS.. Henry
johnson, appellant from the Supe-
No M. 5sse. Nicholson B Co, appellants, vs..
A. NJ. Jennings, testamentary executrix,
etc.-,Appeal from the District Court, parish
Of Tangipahoa.
The fact that a case has been remanded by
this court for trial upon the plea. OF prescrip-
ton, which has been filed here, does not pre-
clude defendant, prior to the new trial In the
lower court, from pleading want OF proper
parties and showing that one Of the alleged
plaintiffs was dead ut the date of the institu-
Hon OF the suit.
Judgment affirmed,
by JUSTICE MARI.
No. 7464. State of Louisiana ex rel. J. s.
Goldsmith VS.. the Judge Of the Sixth District
Court
This court will not grant a writ OF prohibition
to restrain the Judge of an inferior court from
further proceeding In suit, when the appli-
cation is based upon the ground that another
suit between the same parties and involving
the same subject Is already pending before
him. The plea Of las pe,ade7,s should be filed
In the second suit, and the judgment on this
plea can be reviewed on appeal
Rule discharged.
No. 1911. State OF Louisiana vs. VIM.
Vance, appellant.--Appeal from the District
Court, parish OF Pointe Coupee.
It is necessary that the clerk OF the District
Court take the oath prescribed by act No.
"A, Of 1877, before he can legally act as jury
commissioner; and an objection to the venire
Is fatal when 1t appears that the clerk.
though qualified at the time the jury was
ha hr,v bad No fob ha
oath when he prepared the list
of names to be placed In that box.
Judgment reversed.
No. 1882. T. W. Bowman vs.. Henry Avery,
appellant.-Appeal from the District Court,
parish OF East Baton Rouge
Judgment reversed.
No. 1888. Maria L. Ellington and husband,
vs.. A. L. Barbin, sheriff and Il.