The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-09
Supreme Court Decisions.

NO. 7GG9-THE STATE, TX REL. BENNETT. w.
THE JUDGE or THE FIFTH DISTRICT
COURT, ORLEANS.
Bu Manning, IA judgment creditor Of
O corporation which 10 being Ifquidated by
commissioners under the supervision OF %
court hns no right to cause q u. ~. to issue
against the corporation, or TO seize any OF It's
assets.
Plaintiffs motion TO be allowed to execute
the Judgment I'm his favor, on the ground that
the appeal bond furnshsd by defendant IL not
sufficient in amount for a suspensfye appeal,
being oyerruled, his remedy is by an appeal
from the order refusing his motion, and
maudamus to compel the lower court TO allow
the execution OF tho Judgment Will not be
granted.
NO. 76ff.wM. DUEBgIDGE VS.. JOB SMITH.
BIZ Manning, G.J.-When defendant, though
not cited has flied IN answer In the cause,
such want of citation i8 not good ground for
plaintiff to except to going to tItal.
When the only evidence that the matter IN
disputed of an appeaable amount is IN ALL
davlt filed In the lower court by the appel
liant after the appeal has been granted and
perfected by the filing Of the required bond,
the appeal must be dismissed.
NO. 7496-THE STATE. Ex REL. d. 8. BHYog, VS..
ALLEN JUMBL, AUDITOR.
Bu Mnnpi1,g, G. 1.-The late Superior Dis
trict Court OF Orleans having been created by
the Legislature and not by the constitution,
it was competent for that body to abolish 1t
at any time and no salary can be allowed To
the Judge of that conrt for any period suhse-
"nant ~ March II 1877 when the act abolish
ing the court was promulgated.
| NO. 7224-FLAsH, LEWIS & GO. vs.. l.. BcHWA-
BACHER & co.
~ NdRnthg, Il ~ hen ~ BUN ~ ~
l a, lenu pi''a' - Iii IL yr,, ba ;,,d.,
apie anip'n., ~ appsna 40 = va a,io ia
nwnersbin If the property attached. though
the value of such property be below the ap-
nealahle limit
When money has been shipped to pay debts
Of the consivnor and the bill of ladlng has
been received by the consignee, the money
cannot be attached for another debt OF the
consigDor.
NO. 1880 SUCCESSION OF N. II. DE BoIs-
BLANC.
| Ru NaJr. J.-When 1t la shown that the
onl y funds In hank to the credit OF q person
who has died insolvent are the proceeds of
check which had been forwarded to him for O.
| desipnated purpose by q party whose agent
| he was the administrator cannot claim the
| nopay which mrat be req tored tn the dece-
dents nrineinal.
80 7ee7 ~ ponppa vs w n corn-
~. 'o''--"' ~ rtr,u.rTr
| ih"A'ih'
80 Mar, In determining Whetner or
not sun ~ o h aa c apan r. ne date ~
~, ~. ~ ,io 20 ~ ,it ,,,tt ~ aIdod ~ no
Tue " e. ,t h,h 49, Nv r,,o
pllhcipa pu1 slio iltet ons ms ara
aIer luuicia' etnanu 20 - tisa,,
IN eu ~, ta fro,o VI the deyando
s sao' ~ vng ~ tSa cot ~ hnnnd
AM ~ lia ~ ~, rontir re iuriadeion
a. yth Ts' a,,rt dene1de unon the amnunt sned
vi eilis cou. uepenae 4poti o"u ~ t3hor
IoI Wienou1 ioieiohoo w VIC f"iN" Vi 0i'nSA
propeioy'
| NO. 7653-DAEIEL PAGAN vs.. DANIEL MO-
KrARrY AND THE SHERIFF..
n, uo,r r The failure to cite the appel-
lee will be attributed to appellants fault
when his petition of appeal contains no
n muen f for c,tatinn and the anpea must be
| disniased such defect cannot he cured nv
| iaanin1 and serving the citation after the day
mon When the appeal was made returnable.
| - ,-oyo - ,,.- ,,,,, ,-,,, .1,l,,,,,,,,
No ~ M az, M
| '9. LOW D'Noh 49, ''n1'i 20
~ DeBtane, Nv men an exCensl al u Inc
delay within which an appeal Is mace return
able has been granted TO Day not IN term
time, the transcript need De illed only on tne
first day OF the next ensuing term.
Wnen sucn extension - erahseI 10 uay
within Term IiLne the Irahsc.lpI nus. D o
NY, " .ha - da, IN 1nhinh tho dalav axnirea
tha.th 4pa a,,rt ba Mt in aeasion on thai
Iay 'N0 w 49,
No Coca. RocuEREATJ vs.. MRS. JULES
/ MAIGsAN EFT AL.
D.. NJ El,nc = Arnano tho ooaata NJ ,
s,nagaasion The interest ~ one ~ the hetrs o]
euGcSoa = nnd -. r1itier t = idnant ~,
s,n 600 WHICH nlaintifg aeeks to have sold as
~ pain" ananentthia ~ distaion in Wind in
nus ne - eefnat ! pnartition ~ tba aarna
ornti W POI oosad y s The nther baira
~ tbi o"lo "s' opnse7'ited nIaintifr m the
anu UP ooui' non pAA'As'iA y -
BIounnuot a,,o.o..,,,, - xrhio., +no ;,d,
@ sIa s9 is st,II ,,ndar adminiatration
a1ele denoI1+I, a annaai from tnat ildameni
no Th petb bn dron,atrator o, tho ecceaa,on
may be conn PEELED to issue execution on the