The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-06
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SUPREME COURT DECISIONS.
No. 77o7-svts,uss,os or n. v. pouaHHHry.

GNtA l6, HE tUG WIS 8uMpUiStFAtlVu ~ HfeNtS'.
In the hands of The sheriff BY virtue Of seizure
sasst sse e ,ss sstss. y ,Se e.ssss 40 pss
Ia muHt bs applied by the sheriff to. painiiffs
claim, unlass there be oppgsltiphs demanding
priority u payEsnt ior prlvIsses ,l. .or, ~ thu
stock and farming Implements eituated on
plantation bsloasInR 70 y succession, provoked
a mar when M s' ssa ass 9so sosher
court. ID 4 hullity.
no. 7T2t-w. r. dHAHF Er Att w. !. A. BELL,
sHEHtFF. nj Ah
~ Manning, q when HhariK is ealled On
Y Y H, Ky s~a ssss I eoss r. ss W.T. se srs ass sashs
creditors who ARE made PARTIES 70 the ruls %
not set m sspsgss psss syFEsss san sr aa s s2 rss
t,hvt,,sbt tn plaihttff baeauHe Of A superior lien
alleged BY him 10 exist Ia favor ot those
creditors.
mo- 77p4-a, n. sHiEIpH M Al. va 2. ". CHASE.
TA1 COLLECTOR. Br Al.
NJ Manning, e. IAN action BY taxpayers for
Tho nulllty of n Judgment rendered. against the
police Jury .of the parish In barred hy The t,ra.
hsa thus baeolDe Anal the validity ot ilsgsllty
of lhe setlp npon which II WIS prediaatod can.
When as 'hs time time Judgment Ia render
against d nariah tbs Inv directs the Judge To o.
der ths aasesetpeDt aud levy Of . Hpsoal tsS 70
PM X PIX y asss Il bs svsa n es
patoeblnl purposes. cannot Hi1eot the rights ot
plnin,ifr under his judgment.
no. 77e4 poAap or SCHOOL DIRECTORS or ooa-
uoablA w. A. q. oBBa.
Hv Manning, q IA parlHh board Of Fahool
ditauufa. u,leas authorized by general nr
sparial law. has no power to sue tor thu RS
vandisHtioh of lnpda donated by Cuhgtehs 70
have bpsu auld by The state under The .prh-
visions Of the net Of iabs, Hn' suit brought by
hoard f9r tha, pu, pua, without a',s, a,th"r j., r.,
capacity of plaiutifT TO sttnd ln Judgment.
NO. 7sat- nv, WESTON w. CANAL sTnEET. CRY
pAhR AND LAkE RAttnoAD COMPANY.
Bp Manning, LWhEsn Eaan We ael ~ w,e ana
q y sf ea bs rsway sns s o M na m
movable either BY nnture or destination. aud
II not susceptible or being mottkagsd unless
Under sections eva. 1880 aud 2427 railway
company may mortgage ita r1ad, franchises.
care and other property. but only for tl,e pur.
struetion vr rsrnlra. The tetms 'sonstruotion
and rnpnirs" ,,sed In the above mentioned ese-
tons sre lgolndea T. he words or = ,,g. nnn sam,p W
railway company which contains tho latter re-.
pi'a .sn TO tho purpose for which IL 10 executed
Ia valid.
no, 7,74-sAnAn t.osSp. rurntx. VI. john os
HORNE, EXECUTOR
~ Mar1., r "A judgment homologatfns nh
adm tu stt etot'n aasonht or thbieau oi dta'ribn.
tien isapngluhige only With RESPECT % thn E, Iunh
ID bo distributed, but the mare III nE 81 list Or
statement of dsbta ehnn0t be made tho bhs Ia ol
y nsl or conclusive Judgment. ana y l,iuEms1t
homoIhanting Rtsh u list cannot bo revived.
NO. 7sas~ uthAN co. w. BRIGGS. PAYNE 90.
Nv Ma,,' t..Whon appellant prnya for eita-
ton 10 ha petition Of appeal. the fniiurs OF the
ela,k W iHaun T. or, & tho ahnrln ~ serve y.
Of some not or omission on bln part which pro.
vented tho pefiarmnnoe Of their respective du.
wv When auel, proof IL not made the appeal will
not be dlsmiansd and time will be granted ~
haye ths nppelloe cited, .,,.. i
one yenr after tho dato of tho Judgment only r.
uttrsa that tho nppenl be demanded nhd the
bond died within that time. but the Appellee
may be- cited after tho expiration OF the Year.
NO. T7aB-wlpow AND HritH or nEA1hD w. SEM
tnoNEous HusB.
M Mayy. J,--,rho giving Of bond for. tho
amount nxed by the Judge. IN those oasss where
the law does not fig NJ is y condition pfacsdeen, et
| that 40 nxed the appeal will be dismissed.
NO. 77si-~H. A. HUNTER w. ". v. nLAcKMAs.
Bv Ma,r. 4 The Parish Judge. when prtaid..
apa,nat na ~ The the jaase Of tho latter bus 20 pow Or
authority to order tho clerk to take the petition
from the record md return rel 4 u TO pIa,ntim he.
| insulting to the defendant.
NO. 7757~BrATE or LOUISIANA vs.. CHARLES
ANGELO
By DeIlanc. 1.-The credit Of witness In q
| Grim lual eneh cannot be impeached BY proof OF
anything that he haa snid or done In relation TO
the cn,1se. unless tho party depffnR to d2 30
| first nsk the witness whether he has sbld or
done that which is intended to be proved. IN
order that he may have an opportunity OK sx-
plnintng his action.
| NO. 77sG- BANK w. ALEXIS FERRY AND
WIFE. GAY co. Third oPfoNENTs.
Bv DeBlnnn. THE acceptance Of q recorded
hy the 1gsxe 20 ns1d ea 90
| may he evidenced by the transfer TO and re-
ceipt BY tho mortgage o Of tho notes secured by
the aet or when the loan ~ not M h o., hs
| Inv titutIon OF n auit 10 forecoHe the mortgage
| The owner OF immovabes seized by the
judico. Of course. to tho rights ACQUIRED by and
adjudication by tho sheriff.
net by which his debtor mortgages the property
under seizure. and consents that his rights
under the seizure be subordinhted 70 that o.
dence az against the former, though his nc,
has not yet been recorded when the property
wus ndIudicated nt the shertfTs sale
NO. 77ss-sTArE OF LOUISIANA vs. RAYMOND Do
| Bv De Blanc, 1.-THE verdict and sentence In
| q criminal case will be affirmed on apr ea
when the record contains no bill Of exceptions
or motion In arrest OF Judgment. or assign
| ment OF errors
NO. 7so7-succEss1oN OF A. q. PAYNE.
| Bv Spencer, IA judgment homoloRating or
executors account is q anullfty when the Judge
| VIII" orders the he mologat,on is himself put up
on the account as creditor OF the succession.
NO. 77ss-J. A. STEVENSON VS.. E. J. BROWN EFT AL
BIZ Spencer, 1.-The vendor OF property sold
by an act reservipg his lien and privilege fol
| the purchase price can reveDdicafs It, because
| OF the non payment OF that price. In the hands
Of the purchasers transterees. even though the
| act was recorded only In the convey ance book
| and Il OF in that Of mortgages.
| NO. 77sb-aAY co. VS.. MRS. BLANCHARD. WIFE OF
SUTTON.
BIZ Spencer J-Wbere two persons are bound
| to u third by separate contracts for the same
debt. and where one OF the obliRors has. upon
payment Of the debt. right OF subrogatior
obli1nr, q contract between the creditor and this
ultimate debtor whereby delay is granted OF
| securities are surrendered or diminished
| though without the consent OF the obigor. tC
| such recourse and subroRation. does not dis
| charge the latter If the creditor has not ac
cepted both obligations and Is not privy to and
has no knowledge OF the contract between the
co-oblieors.
i