The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-24
SUPREME COURT DECISIONS.

PEOPLES BANK.
Bv Manning. G. H. Bsnks organized under
the Tree banking law Dt 1853 Hrs not subject :,
tnxntion In the form Of license.
The requirement of the constitution o
1868. TINT Inxation shall be.qun and uniform
does not lnhpit the Legislature from nor DE-
piive II 81 the power Ut dividing the oFt'ct
II taxation into CLASSES, and Of exsnptinp
from taxation nll the members Of u particular
class.
NO, 1878 VALENTINE yREDENBURdH VI. w
J BEUAN Er Ala
By Manning g IAN appeal will III from
the Judgment III the lower court diam ssin3
iu!s taken To test the solvency OF tbs sufetiet
on nm appeal bond.
NO. 1856 CITY OF NEW ORLEANs Va NEW or
LEANS CANAL AND BANKING COMPANY
Bv Manning. G. H. Under tho institution
Of 1868 no net III charter can exsiupt any oar.
tculhr ,uk or compnny from llcen.e taxa.
tior; such exemption can be claimed only by
members or u designated class which NJ d
clnse, Is exempted from tho payment o. thie
tax.
NO. 7G98-RAPHhEL LANDRY EFT AL. Vs. Eu-
GENIE TOMATts Br Al.
In Marr, IA nuncnpative will by public
act, IN tho execution Of which all legal for
mhitles have been ohserved, will not be an
nulied because the tt,Htntur, who Is not fnmtl.
lnr with tho technical terms used In such in.
strnment8 and epeaks lmperfcctly the Ian
guHRe lii which 1t II written, has awaited
himself Of the advice and nssls { .ncs or coun.
gel In selecting the words md shipping the
phrnseoloRy which he hns Immediately die.
tated to the notary us the expression OF he
will.
NO. 1884 STATE OF LOUISIANA vs.. THOMAS
ATATA.
BU DeBtnnc, THE objection that the
PANEL from which the Jurors in criminal cns.
were drawn was not seleCted by II quorum Of
the Jury commissioners IL n question Of fact,
and cnnuot b. considered nv this court.
Under act No. ri Of 1878 any two OF the
jury commissioners constitute quorum for
the performances Of any OF their dutieH, and,
therefore, pretermltting the question M to
whether the regularity Of al officers mp
poihtment can be thus collnteraly inquired
into, when the three com misSoners participate
in the drawing and ReIectlon Of jurors the
ranel cannot be objected to on the ground
that one Of tho commissioners was Ineligible
To the position.
NO. 7463 SUCCESSION or BRIDGET coYLE
BU De Blanc IA Judgment confessed by
n tutor In favor OF bis wards will not be re-
versed on appeal taken by II creditor Of the
former, upon the mere allegation that IT,
tends to defeat the Collection 1T appellants
claim, without any charge Of fraud that the
confession WAS made to secure for the wards
an Illicit preference, or that tho tutor has not
sufficient property to satisfy both demands.
The usufruet OF the surviving spou-e OF
that portion OF the common property inner
tied by the legal representatives OF the de-
ceased spouse not being liable to seizure, n
creditor of the survivor cannot attack the lat
ter's remuneration OF the right.
NO. 7658-BTAT or LOUISIANA vs.. ULCER
GHENIEH.
BY Spencer, i'm criminal cases the de-
fendant must ba nrrAigned and must plead to
I he Indictment before tho case can be set for
trial.
When, upon tho trial or n criminal ense. and
after the jury has been sworn, the accused Is
ordered by the court to be arraigned and to
enter his plea. the verdict against him Will be
set aside on appeal and n new trial ordered.
NO. 1860 THE STATE Ex REL J. ATKINSON vs.
STATE AUDITOR EFT Ais.
BIZ Spencer. 1.-The surplus proceeds Of
property sold by the State for taxes cUnstl-
tute IL trust fund.- which unI1t be placed IN he
treasury to the credit OF the owners OF the
The surplus proceeds OF the property In
this instance having heen.rroueously carried
to the general fund In 1872 the relator, the
owner or the property, Ia entitled To the pay
mcnt of that sum out OF the amount set
apart by this appropriation bill ~ 1879 for
the reimbursement Of moneys paid lnto the
through error"
Such an appropriation out Of the Hurplna
remaining OF the revenues OF 1879 is not vio-
lative OF the constitutional amendment Of
1874 requiring the revenues Oh tHcn year 10 Ds
devoted solely ~ the expe srs of the year
for which they are raised, and the balance to
be directed to the sinking of the public debt.
An appropriation for the payment ~ such
II claim Ia covered by the title Of al act "mHk-
ing appropriations for tho general expenses
Of the State government"
NO. 1862 Il. r. STOCK MEYER & co. VS.. DANIEL
AND JACOB WEIDNER.
BU Spencer, J-When the holder OF n mort
ia, Itl H. Tn 81 third
from whom no receives In payment and In dis
charge OF the drawer Of the note II check for
the amount due and the check proves value
less, the creditor will have Judgment reacind-
Ing the transaction and recognizing his
claim against the drawer, though the note
cannot be produced.
IL IL not an improper cumGlation to join
both demands In an action against the drawer
pf the note and tho person TO whom IL has
been surrendered.
NO. 1879 STATE Ex%REL, FRED. KpUFNER.
vs THE MAYOR or MORGAN CITY.
BU White, This court cannot consider
the legality Of II tine imposed by municipal
corporation, payment IL which Ia r.mitted
Dn the ground that lis imposition violates the
constitution OF 1879, when all the proceedings
IN the matter We're mad befOrt. the adoption Of
that constitution had been officially pronul-
gated.
NO. 707G-wANG & GOTHAM vs.. N. FINNERTY
AND J. MANNIoN.
BB White, I'm a suit brought to have de-
elared Il fraudulent stimulation sale OF real
estate to the defendant, under the latters
iverment that it was made for ~ good and
valid consideration" proof Is admissible that
t WAS made to secure loans already made and
20 be made by the defendant to his vendor
with the agreem ent that retroversi0n should
)e made as soon as the sums advanced were
'epafd.
A creditor may attack an unreal and sImu-
alive contract made by his debtor though
made before the origin Of his claim, and the
prescription Of one year is inappIicable to
such an action.
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