The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-14
SUPREME COURT DECISIONS.
no. 7sps-sTATE Ex REL. KRAMER Vi TEE yUpos
OF THE HARIaH OOWRT or ST. TAMMANY.

y. L.. |
what the writ may accomplish.
TIE grant e this court q ~ a,tee
10 az the constitution Of 1879, does not inclune
an unappea'ab,e case II which the sole GROUND
III com OIaint Il that the judgment was rendered
upon insufficient evidence.
Ito. 774s-J H. BEARD w. WHITE CASH. FT AL.
Bp Munntng, q AN heir who has opposed
the account of the administrator and obtained
Judgment Increasing the balance due by the
lattsr 10 the successien, cannot be heard to
claim the annulmen. Of sale OF real estate
the procee1s. Of which formed part OF the as.
Nor can such heir revendicate the land with
ont lrst rendering the price, or 80 much there
of as was applied to the exttngushment Of the |
debts and charges OF the succession.
NO. 77a2-JutBs LAMoRERE vs. SUCCESSION OF W. |
Il. COX.
BIZ Mari, i'm the event of the death OF a
mortgagor the mortgage creditor can. imme, !
dlately UPON the maturity OF hia deb proceed |
Via erecu!tcd against the property, all ,cIed
whether the succession OF his debtor be solvent |
When a sale about TO take pl ace under execu- |
tory process Ia ar tested by iajus the prop
erttyy + not released but remalns 4tll under the
iurlsdLction Of the court which issued tue wr.t.
and white succession property y thus under
seizure any order FIR its sale py tne propa'e
AN eyacriI,r VINO tntarvanea In execntory pro. |
Ceodlngs by OPP elton alleging the priority ~ |
certain privileged claims, over that ot the
mortgage cra,ltor M ID the proeee 70 1T .ba
prny aszsa Az asas IS waou wth
drawing his opposition BY leave OF court ob-
tain an Injunction TO arrest the sac.
A succession ali ,ult not b. condemnad IN
damages for the wrongful act OF the aiminls-
trator, but tue latter m ~ ha 40 mnlotad person
ally when hie conduct has bsen utterly without
legal right or foundation.
no 7asa -suoJsssteN OF HUGH MoLosKEY.
Bv Mari An action against a sheriff and
his snreIe. for malieasanee or active vioiation
o. hs ON M dat IL ., the hy hs LARA. Of
two years from the date OF the aet complained
The prescription OF two years Ia likewise ap-
pliutbls to an action basad on passive viola
zion BY a sheriff Il hts official dnties such as
INT 10 this sass the prsserip tlon begins to run
only from thu It, OF thu demand made by the
party ent tied 10 the funds.
no. 7ssl JOHN soHsEtpER vs. STEPHEN KEN
NAIR ct Ais
By DE Blanc. Y Tot. clurt. ~ those cases
nov peniinx Def ,ra II Involving amounts
iurisdiaci.n over which ~ Y sei BY the nonaH-
tuition of 1879 I'D ,hs c,Mrts OF Aupeal. VIII tRsa
no acti IA ntnsr th Al ordering their transfer TO
the latter cOurts-
ITO. 1881 STATE Or LOUISIANA vs.. SUZANNE
CALVERT
Ev ne Blanc, y VII tho record In a
criminA c--- toes u n spsath'Niy SHOW the
date upDn which the trial DC III rel, or that the
fury witch tri.i tue aeen ,ad WAS properly
sworn, or that The &C ,ns "a was present In court
during tho trial, tina vardict Will be get aside
and the case remandsd.
no. 77l5-L. P. CAtLLouET EFT AL, vs. HENRY
FRANKLIN.
Ri DsBld,ac j. rna aeti IN which act No pS
OF 1892 carrying into effect artcle 123 Of the Goa.
etltution Of 1862. All hnrtses to be brought
ARNinet clerk of court FOR any dam .ge result
lMg from hia failure to dsnosls with the parish
recorder, prior to January !, 1870. an abstfa OF
the INVENTORY or sness.sl ns onsaea IN ms ms
QuirsM to give bond are Interested. Ia barred by
the prescription of one year.
NO. T7so -suCoEssIoN OF ELIZABETH A. CARROLL
By Spencer. J. ,Whsn the arp 'tlee moves to
diamiss an aopsal on the ground that the iutg
ment Appealed from was rendsted by the con
sent and agreement of thu parties 10 tue suit,
and this statement - denied BY the appellant.
che cause nnu sc ba rem aided I'd The lower court
for the purpose ~ trying the Issue thus raised
ITO. Tsss-wM NtEMAN w. MICHAEL AND NJ, J
CuNnRAN.
BIZ Spencer n -Wneu d party seeks to annul
As fraudulent, 90 far A. he is concerned sale
made by his niKn ,at debtor 20 q third parson
ca,n ths v ns W and The
amount OF the debt governs the Appellate luris-
diction.
no STo5-yoHN DURHAM VIZ. Julia WILLIAMS,
TUrRIx Ell Al.
BIZ Spencer. j. When the deed by which a
man during his marriage acquire. property
contains no declaration Of hts Intention to m Axe
having paid theref ,r with his separate funds
the property falls into the community whather
or not the fuuds used were those OF the hus-
The wife's interest In the community is resi-
duAry only. and insists OF one half OF what
remains after the payment of the debts dua by
the community. not oaly to third persons; but
also tn the estate Of the deceased husband for
such sums az he may have furnished from hts
Hence pending the administration and set
mortgage Or ALLEVIATE any Of it, effects 80 az %
defeat ia creditors. or AZ to give her credit
orr right r. ee paid ~ priority t. oT eyen con-
~ gE-a--EARku VANCE UT All. r.. n VANCE
ExEcUTRIX.
Bu Spencer when q tutor mngles the
administration 81 the minors estates with his
own. and cnltyatas aud uses them IN his own
interest," he should be charged with the rent
and hire OF the lands and other property. and
also. at the end OF each year. with interest at
per cent on the amount of that year, together
with per cent per annum interest on all sums
received from other sources but he cannot be
ally Charged az ainst him.
A state has the right to prescribe the time
cuted. and to change or alter the period Of their
prescription. provided a reasonable time DC
given for Complying with the statute IT ,sso AND ~.
legislation hereunder. providing that all taci
mortgages then existing should cease to have
1870. uniess duly recorded do not impair the
obligations of any contract existing In favor o.
those whose Hss i, fhs mo- 81 the
United States. and are. therefore, not vlolatiyt
OF that article.
NO. 76a7-STATE. EX REL. W. r. BLACKNAN. vs..
sECRRrARY OF STATE
BIZ Wide, IAN appeal taken By motion In
open court will not be dismissed because the
appellee was not cited, though citation upon
him was prayed ana ordered.
Under article sa7. 9; n. the appellant has ten
DAYS after the filing az the record within whict
Is Ale an assignment Of errors. provided TIN
case IL not sooner heard: II the case is reached
before the expiration Of that, delay an assign
ment filed on the day Of and previous to tn
trial Is Ia time. though appellee may hav
moved to dismiss on the ground that the reeor
contained no note OF evidence. statement O
facts or assignment of errors.
An appeal taken by a third person under
article 81. U. p. will not be dismissed oeeaus,
the judgment complained Of has been executed
and acquleecsd In ev the party cast In the suit
The duty OF the Secretary OF State In com
piling election returns to determine whethe
returns, and tally sheets prepared by commits
sioners of election under the orders OF paris
court, 10 supply the loss OF the originals ar
legal and valid, is not A ministerial one. ant