The Caucasian. (Shreveport, La.) 1900-192?, 1907-01-08
SUPREME COURT
Decisions Rendered Of Interest in This
Section-Re-hearings Refused

The Supreme Court of Louisiana at its
session held in New Orleans Monday,
January 7. rendered decisions of which
the following are of interest in this sec
;ion of the State:
| Re-hearings refused:
City of Shreveport VS. Tom Dantes
| John r Cain Jr., vs. H. A. Bal1nan.
William H. Spurlock and wife VS..
Shreveport Traction Company.
T. F. Weaver VS. T. f. Schumpert.
I. Judgment rendered in another iuris-
liction, This was suit for decree to
nave a judgment of a court of another
jurisdiction made executory under the
laws OF this State
3 Not final. There were four defend
lnts. The judgment did not decide the
cause against all defendants Originality,
10 decree was entered against two of the
defendants.
Under the law of Texas as expressed
in decisions of the court of last resort Of
d1at State. judgment must dispose of
the catlse against all defendants; other
wise judgment is not final.
The judgment was not executory.
g. Motion to amend and correct. Sew
eral years afterwards CATER the suit haG
oeen brought in this State to have the
Judgment decreed executory, after lssut
Joined and after the question of the want
Of hnality had been raised) by motion
before the district court i'll Fannln Coun
y, Texas. the plaintiff obtained a decree
amending, correcting and completing
he Judgment rendered SO as to estab
lish that originally the case had beer
entirely disposed of by dismsslng from
the cause two of the defendants, on the
ground that they were actually fand no.
torious1y insolvent, but that the clerk Of
court through oversight had failed tc
make t. /, entry. The Judgment was
amended nunc pro tune.
d. No service of motion as required
Under the laws of Texas, amendments
may be made after notice to parties in
interest. In this case there was no legal
service. The service of the motion was
made by a non-oficial person.
5. Judgment not signed. The original
Judgment which plaintiff sought to have
decreed executory was not signed; the
amendment was not made as required,
notice is jurisdictional.
Judgment reversed and case dismissed
as in case of non-suit.
VIM F. Hardie & Co. VS.. Vicksburg,
Shreveport and Pacific Railroad Com
pany.
/. Nature of Suit was brought by
plaintiff against defendant on a bill of
lading negotiable in form.
2. Negotiations in fulA Bills of lading
are to be taken in the same manner to
the same extent as bills of exchange and
promissory notes. Statute Of 1880 on the
subject.
3. Custom of merchants. According
TO uncontradicted testimony of plaintiffs
under local custom of merchants and as
relates to that custom the bill of lading
was not functus officio on the day that
it was transferred to them. The time
that had elapsed from the date it was is
sued was not unreasonable.
4. Liability of warehouseman. The
carrier who deposits the goods carried
in a warehouse for safe keeping in time
incurs the liability of warehouseman
and from that point of view the ware
houseman's receipt is negotiable.
Judgment affirmed
Robert Sanders and wife VS. Texas X
Pacific Railway Company
Plaintiffs, son, on whose behalf dam
ages are claimed for personal injuries,
in having his foot cut off. was tres
passer upon defendants -igns OF way
and was run over ly one Of rs trans
while crossing a railroad brlde over
stream filed with water.
He was familiaf with the locally ard
all the existing conditions an could npt
have been ignorant of the risk he was
assuming The engineer Of thf-