The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-21
SUPREME COURT DECISIONS.
NO. 77aG~A W. BAIRD. UNDER TUTOR. vs.. l..
Lowe AND i A hTE VENHnN.

i
Bv Manning. q Tho interest OF n minor
nfter the death OF one OF his parents In the
community property beipg merely residuary
| until there has been u setlemeni OF the com =
mnntiy. showing tho exiatennn OF IL residuum
md quitting him IN poeHeesiop thereof
| Until such aattlement has bsen Of ,ctod the
| exception OF no cause OF netiou will be main
hinet' In n suit brought hy tho heir to recover
by the eurvlvor after tho dissolution OF the
! community.
no 7ae2 D. E SMITH VS., NJ. F raoL 1gr A.,
| IN flaming. Q i. When movnbes have bean
attached In tho hands Of u defeudant's vendee
and tho Inter has Obtained n dissolution Of the
| attachment and possession Of the movabIoa
their eetznre under u n ia issued GU fnal
| Judgment subsequently rendered. In favor of
ulninlirr nRainst n.fenfan' without u rosort 10
| tho reveaaory action. r. n tort.
| NO. THO REUBEN WHITE Va. THE sHBerFr AND
| OTHERS.
" Mar Il. The setznre md Advertising Of
| propeIty tar sale. though the occupants are not
| Int rforaa with, Ia eueh " disturbances ~ Dos
eeaaion ~ authollz sthe poasoaRory action.
| The judgment dt missing an OnpnWttipn made
To monttton nprliea Tor by tho putchaser of
| property nj n sheriff q aae nan hs pleaded aa
res adfudteata to II eubseauent notion by which
| tho oppunnnt or hIs trausferers seeks to huve
| tho eheriff g Bao annutled.
person whose property III seized under
ocntton eHund hgntnst hls vend.a hns u right 10
~ Join tho sals on the ground Int tho Judgment
on which the execution Issued Ia prescribed.
NO 75a.-sTATE OF LOUISIANA va. THOMAS ARArA
| By Ra Gianc. In oriminn cases this court
cnn considsr only those questions OF fnct from
to determine whether tho lower jlhxe has
| properly construed tho law applicable to the
caso without reviewing bis opinion. which is
final. ns to tho establishment or disposal OF
| thoae facts
Whom tho incumbent Of an Office Of trust or
profit accepts tho appointment TO another Ike
position. and assumes lhs funcitona ~ the
| latter. he Immediately becomes Tu4etus o6fcio M
| to the former Office
When NIL throe members OF n board OF Jury
ccmmise ionors. under tho net OF 1878. Unr lei
pate in thef INV ing Uf pHnet, tf1str HcttoH IN
not vitiatel by tho fact that ono Of thelr number
| WIS Ineligible TO tho position
| NO. 77la- susAN NJ RrlNsoN. GUARDIAN, ET Al
w. II #. O'NEAr.
| III DeHiduC J-When tho npuellee moves to
| iistuiea III nppehl on the ground OF appellant +
| Acunleaeenee In ths Judgment and tho motion
/! Ia raHlaed. this court cannot consider tho owl
| doncn offered In support of the application
but must remand tho matter to tho lower court.
No. 77aa-H 70, VANCE AND HUSBAND Va J. D.
| GAwTHoN SHERIFF. ET Ais.
| ~ Def;lnnr AN Injunction restrninIng
| the execution OF an order OF seizure and snle
| ahould not be- dissolved on motion euggcst.
ing only tho inanfllcency Of tho allegations
| upon which II was Obtnins1 when he pot itlnn
| for luluucion alleges that plaintiff Is u benn-
Il larry heir or the succession wtpso property
hns bs. II aezsd under tho executory proceed
iDRa. and that the note and mortgage up m
| WI icb those proceedings Wsro blssd have been
| paid mud ext'nguishad
/ The right Of ffS heir To m injunction In such
n Ia not affected by tho fnct hat tho adm III
| iarator Of tho Hueceaa,on hna ack now lodged the
| debt upon which exoeutory proeeaa Issued.
| NO. 60ia-JoHN w1IraANs SON vs. CHARLES
| MORGAN.
| Bv Spencer. IA rnilrond company which
transfers to Il Il ,tbnMt, for conveyance tn point
beyond It's own line. lot Of freight for which 1t
hns Riv"n through bills Of lnting Is rssponsi
bio for any damage resulting q tie frei- ut from
| tho neglect or oareeeenesB OF tho iintbonl g
owner or crew.
NO. 1877 -srArE OF IouisIANA VI. ausTAvE
HtsEAUX.
| IN Spencer. 1.-The Jury list served on de-
fennant In a criminal $50 Is not vitiated by the
| court exeueing. for cauae. ono or more iurors
and this court Will presume that such Jurors
woIe properly 0ScuaGd, unless the defendant.
whom obJefttng to proceeding with tho trial
In their hbsenco. has reuuiredthe judge TO state
tho grounds Of his action.
The accused IN u criminal prosecution has no
right to demand attachments for absent jurors
whom there Is presont II sufficient number to
form II panel.
NO. 77tt-n T. nUeKNER VS.. j. II BEARD.
IN Spencer. IA tenant who hhs voluntarily
pnm the proportion Of rnnt due to one Of tn"
joint owners or the property. cannot b heMrd
rsis Ing tho suit Of tho o'h"r Joint owner FOR
his hare on the ground thmt tue obligation |
indlvistble and must be enforced by both land
lords.
NO. 1868 @ctTIzGNs' BANK Va. T. I. BouNy. TAX
CuLttGroH.
Eu SPENCER y. by the net of January 80, 1876,
tho profits TO bo added to md nude part Of tho
| capital. arc exemnt from taxation. The capt
thus formed betrg pledgsh for tho pay
ment Of the interest md principal Of the bonds
| iasned In favor of the bunk, any Legislation
seek Ing 10 divert those funds to the payment of
| taxes Woua be vlolntivo IF ths vested rights of
tho bondhouors and. therefore, unconstitu-
I'll nal.
NO. has6-p. u. PENN VIZ. CiT12ENs BANK.
Hv White. J-Au executor has no authority
to carry on planting operations Mt tho risk Of
the aucreaslon md debts contracted by him for
TINT purpose cannot be enforced against the es-
tate.
NO. h9at-G. v. LAGAy. ADM1 N1arRAToR. VI. MR..
AND Mira. j. s. MAHsToN,
~ White. I'm n suit brought by the nd
miuistrntor of m insane person to ann nj a salo
made by tbs latter. after his insanity had b0-
come notorious though prior to his interdlc-
tion, the defendant cannot claim the reimburse
mont of tho purchase price paid by him unless
no proves TINT 1t actually enured to tho benoit
of tho interdict.
- At