The New Orleans daily Democrat., 1880-04-03
SUPREME COURT DECISIONS.
NO. 77Oi- j. u. DURHAM & 90. VS.. III
SHEEN.

NO. 7704-J u. DURHAM & 90. VS.. LGssO &
SHEEN.
By Mnnning, C. This court has no
power. when an attachment Is dissolved Tor
ins,lffiClenCy of tho bond, to order n new and
sufficient security to be taken
NO. 1904 O4-sUCoEss1oNs or W II. sAvoRY
AND WIFE.
BU Mnnninq, G. J.-h donation of q tract
of land tho tlse Of u certain proportion of
which tho donor reserves to himself, Is an
nnerolls contract, which cannot be attacked
collaternlIy. Judgment creditor of tho
donor, having neither privilege nor mort
gage with the pact dC NON dtiepd,,d0, can have
| the act annuIled only by resort to the re-
vocatory action, with allegation and proof Of
| his debtors insolvency, and this action Is
| barred by the prescription OF one year from
| the date of the act.
P,imn fncie there Is good consideration
| for the note Of n deceased person, amounting
| to Sl4O0, held by one Of the hoirs who appears
| to have been the sole support OF tho maker
| during seven years preceding the making Of
| the note, and tho burden Is on the other heirs,
| who oppose It's allowance to show that 1t WIS
without consideration, or fraudulent or dis
guised donation.
NO. 7683-sTATE FIX REL. bECoNTE q GO. VS..
JUDGE FOURTH DISTRICT COURT.
Bv Mnyr, IAN order of transfer TO the
Court of Appeals is the only ono which this
court cnn nuke In a cause involving less than
$1,000, wherein provisional writs OF prohibi
ton and mandamus. which had been granted
prior to the Governors proclamation an
Douncfng the adoption OF the constitution OF
1879, were returnable at date subsequent to
such PRONUNCIATION.
NO. SUCCESSION or DOMINIQUE COCO.
Bp Nnr, IA parish court has jurIsdlc-
tion to entertain demand for restitution of
dowry, whatever be It's amount, made In an
opposition to an administrators account
A debt due by child to his parent repre-
sented by tho formers notes, and unpaid at
the latters death, must be regarded as an adj
vancement to be collected In the settlement of
tho parents succession, and the obligation to
collate this amount Is not affected by the
debtors bankruptcy and discharges.
When the administrator OF succession is
likewise an heir 10 whom advances have
been made by the deceased, his distrlbutive
SHARE his fees and commissions rs admins
traitor, and any debt or demand he may have
against the succession must be applied to
the payment OF the advances made to him.
When, on opposition to an administrators
account, 1t Is shown that he has failed to col
lect certain claims duo the estate which could
have been realized by proper diligence, those
amounts must be charged to the administra-
tor and carried into the account as cash for
distribution.
When by the marriage contract tho part or
portion of each OF the spousts Is to be fixed
and determined by the law Of partnership In
proportion to the value brought into the mar
rlage by each, the liability of the succession
Of either for It's share OF the community debts
must be fixed In the same ratio.
When partial payment of u debt is made,
equal to or exceeding the accrued interest, 1t
is imputed to the aggregate OF principal and
interest due at the time and the balance be-
comes new principal, bearing interest from
the date OF such payment.
When partial payments are made, each In
a sum less than the total accrued Interest, no
new principal is established until the aggre-
gate Of the sums paid equals or exceeds such
interest, and the new principal thus found
bears interest from the date OF the last pay
ment.
NO. 78l7-WIDow LOUIS BERLtER VS.. SUCCESS
SION OF AID. WIVES.
By DeBLanc, J-When one sues as the rep
resentative OF deceased person whose death
is specially denied, such death must be
established by positive proof of Its occurrence,
or, If the party have been an absentee, 1t must
be shown that 100 years have elapsed since his
birth, or that he had been exposed to such
perils as would justify the presumption Of
death.
An attorney at law whose services are en-
gagged on condition that he shall receive no
other fee than designated percentage upon
any amount which he may recover has such
an interest in the Judgment as will entitle
him to cause Its revival under article 3547 OF
the Civil Code.
NO. 79O3-R. DEvoNsHIRE VS.. GAUTHREAUx,
SHERIFF, EFT AL.
By DeBtdnc, J.-When third person en-
joins the execution OF a writ on the ground
that the property seized belongs to him, the
value Of that property and not the amount
for which the enjoined execution issued ts the
test OF the appealable character OF the iudg-
ment In the Injunction suit.
NO. 6121-soUTHERN BANK VS.. LOUISIANA
NATIONAL BANK AND CITY OF NEW Or
LEANS.
By Spencer, 1.-THE holder of the interest
coupons OF the consolidated bonds or of the
bonds issued under act No. AZ Of 1869, can
recover judgment against the city for the
amount OF such coupons as may be past due,