The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-20
SUPREME COURT DECISIONS.

No. 76b7--aTGGEast OF JENNIE AMEs
WALKER.
Hp Manning, G. when a succession has
no debte, ana there are no leeaces to he paid.
All administration IL unnecessary, and the
appointment OF u parliamentary executor will
not be confirmed.
There Ia no law which authorizes the ap-
pointment " d tutor al hoe To u minor, pend
Ing tho trial Of nn opposition made by one
claiming the tutorahlp TO the confirmation 81
tho tutor designated by the will Of the minors
deceased parents.
When u tutorship IL claimed by the nearest
male relative Of the minor, to tho exclusion q
the parliamentary tutor, the former may Mt
once proceed by representation or such other
conservatory measure as may be necessary
for the protection vi the minors property.
No. 7s27-sTATE or LOUISIANA W.. NJ. u. DO
M1NaUES.
BIZ Manning, c. THE rule TINT parol evil
dence is inatlmssible to explain, alter or vary
All authentic act has no applicability to tho
Investigation Of u criminal offenee wherein II
liz sought to prove what WAS said OF done by
the prisoner 1T Il particular time as part Of
the res DestT.
NO. 77b6-vIUroR ApEMA va LAFAYETTE FIRE
INSURANCE COMPANY.
In Manning, e. J---When the answer of the
CLERK Of a lower court to II writ Of certiorari
directing him to complete u transcript Of hp-
peal shows that the missing papers cannot
be found. and IL does not appear that the ap..
pellant IL In fault, the case will be remanded
for q new trial.
NO. 7652--srATE OF LOUISIANA vs.. M1LLY
THOMAS.
Ry Mar, IA motion to quash mn indlct-
ment on the grounds that 1t Was found ut
called term, which was held without notice
and advertisement ns required by law, and
that the clerk OF the court mad not been sworn
as Jury commissioner, comes too late IL not
urged on the first uny OF the term.
In an indictment for manslauRhter the
words Kill and STAY" contained In the deiini.
ton OF the crime In section 10i5 Revised
Statutes. need not be used together. Such an
Indictment, charging that the accused ''hid
willfully and foloniously shoot and kiH.' is
SUFFICIENT.
The accused In n criminal prosecution has
the right to cross-examine tho witnesses Of
his defense. whether It be or be not connected
with the facts testified To In the examination
| In chief, and II he be not allowed to do 80 the
verdict against him must be set aside.
NO. 722l-FLAsH, LEWIS y 90. VS.. scHwAB-
| BACHER u GO.
| Bu Mari, sJ-When u third opponent seeks
| to arrest sale under execution on the ground
| that he iB the owner Of the particular object
seized, the value OF that object, and not the
amount Of plaintiffs claim, is the test as to
whether or not the Judgment on the opposi-
tlon Is an appealable one.
\ NJ. toUU-l.J. fUSUA w. LIN. II. IhA1AAo'
| BY De Blanc, 1.-The owner OF plantation
who establishes the existence OF the condi-
lions required by the homestead act, can
claim the exemption granted by the law,
though he be a practitioner Of the medical or
other profession or calling.
! NO, 76G2-MRS. CELESTINE ESCANDE VS.. G. v.
THIBAUT, SHERIFF, EFT AL.
BY DeBldnc. IA judgment rendered on q
rule to dissolve an Injunction Is invalid II rem
dered out OF the parish OF the parties dOmi-
Judge who renders It..
NO. 7SO3-R. DEvoNsH1RE VS.. GAUTHREAUX,
SHERIFF, EFT AL.
BIZ DeBIAnc, J-When execution, Issued
under 9 judgment for an unappealable
amount. Is enjoined by a third person, who
claims ownership Of the property seized ano
damages In sum sufficient for appellate lu
risdiction to attach. on account Of the illegal
seizure, an appeal will lie from the judgment
perpetuating the Injunction and reservtng
plaintiff 3 claim for damages.
NO. 7573-MRs v. vREDENBURG, WIDOW, ETC.
II VS.. W. J. BEHAN, EFT AIS.
By DeBlanc, J-When two appeals ar
brought up In the same case, one from thu
original Judgment and the other by the ap
pellee therein from the decree Of the distric
court denying his motion to dismiss the first
they must be tried together and not IN the1
regular order on the docket.
!, The surety upon bond for suspenstv'
! appeal must reside within the jurisdiction o
the court which rendered the Judgment.
It Is incumbent on the appellant t. prov,
] I the eolvency OF the surety ON his bond, whel
. questioned, and II he fails to do 90 the appea
win b dismissed.