The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-06

No, eaSo~ DHbfHfNE DnLHoNpF. rupArHt1
va N JEMorNE WI Ala

Va N = 5EMoINE WI Al,a
nv Manning, q When n hnu,nst Ia
clettneh ny the legal representative 81 = lena
we VINO ior some TINA prior tn tha making uf
the le9acy was al ahsantre aud who has not
since Ieapptated. " ID inrumbant III a,,rh
representative IT, prove that. at the date of
the bequeat, the leRa,ea was olive and fhla
Tact may he established hy the Testimony Of
one Witness ~
NO. 1877 SUCCESSION W MICHEL p,FrRfaH
~ DeHt',ar, 4 "A surviving willow, admin
istatlnE the succession "a t,,tty doea not
by her failure III ohny ~ ,r,lrr rendered. on d
rule taken by an alleged creditor Of the a,,o.
ceaetub commanding her, within ten deya. Ia
QMallIy regularly ~ administrators UT 10 alu =
ntfy her unwIttnnnaas 10 accept the trnsi
forfeit. the right /" oppoae tho application ~
third pereon for appointment ta the office
aud to clain, the preference FOR bpraelr. ahnuId
Ghe court daan aunh administration necos-
eaE N.Y.. .,,,,,,, .,,,,.,.
the administration If any aucreaaIm i'm
! which the husband or wife ~ tie hara vt tha
deceaand ore preaent Or represented In the
state
NO. 78l7 - FRANK MAh1Fnrru Va. WIDOW
aERMAINE TT Ala
Ru Ds3lunc, y Restitution IT the amounts
expended IVY him fnr improvements and ia Sna
and In satisfaction nf tho nwna,'a debts can
1 not be demanded Ivy n purchase, ln bad faith
5 Aa q condition nrnrn'lept ~ M action against
3 MIN Tor tho nudity ~ the anla.
Such claim fnr reimbursement can he Uruo,l
by way ~ tornnvention In tho action for The
nudity ~ thn sale ~ IA q separate auit there
after brought
A party who haa haen adjulund purchaser
III bad faith In cult FOR tho uuljty IF n an la
aud who spa the owner f,r tho amount tx
pended by him for Repairs, atn , carnot pend
Ing the determination " the latter auit, 81
4 join the execution ~ the writ iea,ied In the ar-
zion OF nudity for hia eviction from the prem
lHpa In controversy.
NO. aa7i r. r. nARRTrr Va. o,ry or NEW
ORIEA&a.
Bu Speaept J The receipt and acceptance
by the City tnunril ~ the report of ono of
the Adm, nipt,atora that No had appointed a
certain clerk for the current month cannot he
construed into permanent appointment Ivy
i TIM Council, aud the authority Of that body
ts not necessary Ia the diamissal Of the clerk
by the Administrator
No. 7Sos-nltAap nrMANs ", w'new r. 4,
yRUNIbto.
lsH SPENCE n An order W augmentation
which doee not tit the amount at tine bond Ia
fatally defective and this defect cannot Ia
cured after the execution af the writ nv a auh-
aeqnent order rrudcrad nuna pra tips
The rule allowing utdntp in certain In
HtBheea to he enternd naue pro i,t'c must he
confined to ps,reodln4a had IN Open court
and cannot he extended ~ aota performed at
phHmheta
The jurisdiction If court which eslata
only by iyaaan at the anzura vt property. OK
tnnda solely ~ the amount uf the debt for
which the aeiEu,a wac maie. and anea not In
cludn any further lnnney demanda, In
amended petit,nna. for which no aatzure Ia
made or rrascd
In a suit brought nualnat The widow and
tutfix administering torecover debit of tho
deceaaad, when the defendant ploads that abe
has no intrraat. having. atnce the bringing
af the auit rcn"nncad the community and
been Huperceded Ivy tho appointment Of All
% IA iHI lY.tl vi
out making euch adminiatratnr q party ia an
absolute nulity.
A plaintiff IN Reaueatratinn ON furnlahina
release bond snte unly right t. the custody
and Keeping of tho thing pti,n'atnrnd pending
the litigation. and If he hinp,ee af II and he
cAat III the Putt the owner may revanacatn
II In kind ia the banda " tho plantiT'a
vendee.