The New Orleans daily Democrat., 1880-03-13
SUPREME COURT DECISIONS.
NO. 7sis-pETER YOUNG VS.. POLICE JURY OF CON
COHDfA,

Il 1oAO-Fh1k6
(! BIZ Manning. G. J.-The act Of 1899 arantine
/ to the police jurfes OF the parishes Of Concor'
ard nd q
and levees within their respective limits AZ they
may deem necessary. is not inconsistent, With
police iuries from contracting debt without .,
the same time providing the means OF pay
Ing 1t. .,.
mediate work to be done. the police jury q the
parish may 10 sdbseaussnt en- pr 1rananEce .naE nc ac
vide for It's payment
NO. 7797-sTATE OF LOUISIANA vs.. BENJAMIN
BRADLEY.
] Bv. Manning, O. J.-When the record IN 2
criminal case does not show that the clerk of
term. Of office prior TO the Drawing of the jury
which found the Indictment. taken the oath OF
jury commissioner. the verdict must be set
NO. 777ew. L. JACKSON VS.. II. P. MILLER Er AIS.
BIZ Manning, G. J-When an act OF sale Of
real estate expresses S1'as the consideration and
the sale is attacked as simulated BY Q creditor
| OF the vendor. parole evidence is admissible TO
prove that the contract really had q valid con-
stderatton.
NO. 7791-DANIEL FLETCHER VS.. II. M. JETER.
~ Mar. lin 9 suit wherein plaintiff!
claims that be was Legally elected t. oce and
changed and altered the com 10 missioners returns
90 as to give q majority to his opponent who
s h qesurns ana d
cred to the Secretary of State must be pro-
duced, or proof Of their loss or destruction
made before other evidence can be admitted to
show the alterations charged.
No. 77I7-HERNsHErM BRO ys. Il. A. LEVY.
BIZ MayT. jim an attachment suit the de-
mand IN reconvention made by the defendant
BY reason 81 the unlawful attachment 81 Bis
goods" sets forth cause OF action sufficient to
warrant the admission OF evidence IN support
OF the claim.
NO. 77se-rANNY cAMpBELL, WIDOW, ETC, We. q.
D. OWENS AND WIFE.
cess,on nay be sold By liz executor Il o person
ss rst osfoR 81 re
property for less than the appraised value is
void. but Il the amount OF the appraisement be
vertised and sold on twelve months credit for
whatever It will bring. and no additional order
is M required to authorize such sale at the second
NO. 779s-succEss1oN OF D. J. FLuKER.
Bv DeBlanc 1.-THE rules which apply to the
vested In them. do not govern sales by an ad.
sion Of which the heirs are minors.
NO. 1856 HENRY sCHoRTEN vs. WIN. s. BOOTH.
SHERIFF. EFT AIS.
By Spencer. IA discharge In bankruptcy
releases the bankrupt from every Legal personal
schedule. and II he becomes the purchaser 1T
:he assisnees sale OF property surrendered by
cancelled by the saie. he must be considered d
third possessor OF the property, and the judR-
menr creditor who seeks to subject 1t to his
The bankrupt court cannot sell property free
OF mortgage without giving notice to and
making ok p parties Ct the 9. mortgage pr creditors,
proves his whole debt as unsecured. he thereby
releases any mortgage he may hold.
NO. 7e92-FRAsoo1s LAMAnouE vs. CITY OF NEW
ORLEANS.
By Spencer: J.-Under the constitution Of
1879. this court must transfer to the Court OF
Appe als suit enjointnR. on the ground OF un-
constituftonalty. an act Of the Legfs slature the
enforcement OF which plaintiff alleges would |
damage him to "an amount exceeding $780,"
NO. 7740-MRs. A. A. WALKER VS.. MRS. L. T. BA. |
RELI.
BIZ Spencer. i'm suit to annul Judgment |
At the Gn
reality residsnf s Of the State. evidence is ad-
hat his absence both before and since the at
taehment constituted, under the circumstances |
attending 1t. forfeiture OF residence In the
The purchase Of property by q married /
woman without authority is annullable only on
heT 9 own Or her husbands demand. or on that
NO. Ts7-T. W. ROBINS. SHERIFF. vs.. B. M. @.
BRowE.
BV White. IA sheriff entitled TO the possess
Sion and custody OF property under writs d. |
reeted to him. can bring suit for damages |
against 8 person who forcibly or fraudulently |
deprives him OF such possession, though there |
be no complaint on the part OF the plaintiff In |
suit wherein the seizure was made.
NO. 7sl3-sucCEssroNs OF ". E. EDWARDS AND
LAyINIA WILSON.
Bv White. J.-It is sufficient description Of |
property In q tax roll to designate It as be-
longing to the estate OF A. B.. containing eighty
acres. right bank OF the Mississippi river,
bounded above by estate OF 9. D. and below by
Z. F."
The absence from the tax roll of an affidavit |
does not vitiate its registry or affect the priv-
ege resulting from such registry.
When both parents are dead their minor child |
$1,000 allowed By the act OF 1852 from the success
sion of either.
The condition of the minor heir at the time
y the parents death Is the. criterion of his
light to recover that sum. and II the right then
Exists. 1t Is not impaired by any subsequent
,hanRe In the minors condition.
The general mortgage OF minors can be en-
orced against their tutor or his succession
,nly after the rendition OF an account Of the
THE COURTS.
Fourth District Court.
J. L. Gautier vs. Beir g. Jardet.-Buit for $4,000
or damages alleged to be sustained By petition