Volume 10 — Teissier's Louisiana Reports

<p>Syllabus.</p> <p>1. All property bought during marriage in the name of husband or wife, or both, is presumed to be community property.</p> <p>2. To establish the paraphernal character of the property, the wife must prove that the purchase was made with parapher-nal funds not under the husband’s administration and as a paraphernal investment.</p>

<p>Syllabus.</p> <p>1. Tbe requirements of the code that the price must be certain and, determinate apply to the price alone and not to the general or accidental stipulations contained in the body of said lease. J</p> <p>2. The issues of fact are resolved in favor of the plaintiff.</p>

<p>Syllabus.</p> <p>1. One who, with the sanction of the Court, has issued execution against the defendant on the ground that the bond given was not sufficient for a suspensive appeal, cannot afterwards be allowed to claim that the surety is responsible for the judgment as if the appeal had ,been good as a suspensive one.</p> <p>2. The surety on a bond given for a devolutive appeal is liable only for the costs of appeal and those of the lower Court.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “B,” No. 71,728, Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>1. ' -Section 3 of Act 168 of 1908, does not apply to policies of insurance issued before the law becomes, operative, and, if it so applied, it' would be unconstitutional.-</p> <p>2. .. Unless the clause which fixes a time for the payment of losses is applicable, the penalty imposed by law for failure to make payment within that time cannot as a matter of course be- imposed.</p>

<p>Note by reporter:</p> <p>Original decree in Yol IX, page 323.</p>

<p>Note by reporter:</p> <p>Original opinion Yol. IX, page 366.</p>

<p>Syllabus.</p> <p>1. Plaintiff’s answer to interrogatories as to the verbal sale of an immovable propounded to him under Art. 2275, B. C. G., being adverse' to defendant’s claim, it'follows that the latter has not- and has never had any title to the property.</p> <p>2. Being without title, defendant was not a bona fide possessor ■ and he must return the fruits to the owner who claims them.</p> <p>3. The plaintiff, having elected not to retain the improvements, cannot be held for their value, but he must refund th.e taxes paid by the possessor. ’ ^</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “B,” No. 88,271. Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>Issues of fact only are involved herein.</p>

<p>Note by reporter: — (The original of the foregoing opinion is not in the Clerk’s office. The above opinion is a verbatim copy of the opinion which the 'Clerk of Court sent to the lower Court, as a true copy of the original opinion.)</p>

<p>Per Curiam.</p> <p>Appeal from the Civil District Court for the Parish of Orleans, Division “C,” No. 95,362. Hon. E. K. Skinner, Judge.</p>

<p>Syllabus.</p> <p>In order for the legal representatives of a dissolved corporation to recover from delinquent subscribers to the capital stock, it must be alleged and shown that such recovery is necessary to pay the debts of the corporation and equalize matters between its stockholders.</p>

<p>Syllabus.</p> <p>Involves only issues of fact.</p>

<p>Syllabus.</p> <p>An interpretation of a contract will not be adopted which would-involve not only the violation of all grammatical rules, but also the destruction of that mutuality or equality which is presumed to exist in all agreements.</p>

<p>Appeal from the 28th Judicial District Court, Parish of Jefferson, No. 1075. Hon. P. E. Edrington, Judge.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 85,9991 Hon. T. C. W. Ellis, Judge.</p>

<p>Syllabus.</p> <p>One who purchases property subject to a mortgage, -without assuming the same, incurs no personal liability for the amount. thereof, but the property itself remains none the less liable for the amount of such mortgage debt.</p>

<p>Appeal from the Civil District Court, for the Parish of Orleans, Division “A,” No. 87,242. Hon. T. C. W. Ellis, Judge. t</p>

<p>Syllabus.</p> <p>A broker employed to procure a purchaser for cash within a limited term, does not earn his commission by tendering, on the last day of the term, a purchaser who, though ready and, able to buy and willing to enter into an executory agreement to purchase for the price and on the terms stipulated, demands that the final execution of the sale and the payment of the price be unduly and unreasonably postponed or delayed.</p>

<p>Questions of fact only are-involved.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “C,” No- 93,593', Hon. E. K. Skinner, Judge.</p>

<p>Appeal from the Civil District Court, for the Parish of Orleans, Division “A,” No. 98,573. Hon. T. C. W. Ellis, Judge.</p>

<p>Appeal from the Civil District Court fqr the Parish of Orleans, Division “D,” No. 98,312. Hon. Porter Parker, Judge.</p>

<p>Syllabus.</p> <p>Where it is a matter of appreciating the probative value of testimony, and not a question of the credibility of witnesses, the findings of the trial Judge will not be taken as conclusive.</p>

<p>Syllabus.</p> <p>A promise to pay, or a partial payment or an acknowledgment of a debt made before the period of prescription has accrued may be proved by parol.</p>

<p>Syllabus.</p> <p>Involves only issues of fact.'</p>

<p>Note by reporter: — (The original of the foregoing opinion is not in the Clerk’s office. The above opinion is a verbatim copy of the opinion which the Clerk of Court sent to the lower Court, as a true copy of the original opinion.)</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 98,515, Hón. T. V. W.-Ellis, Judge. ,</p>

<p>Appeal from the Civil District Court, Division “D,” Parish of Orleans, Hon. Porter Parker, Judge, No. 94,074.</p>

<p>Involves only issues of fact.</p>

<p>..Appeal from the 29th Judicial District’Court for the Parish of Plaquemines, No. 992. ':U</p>

<p>- Appeal fr'om the 29th Judicial District Court, Parish of Plaquemines, No. 990. '</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 98,467, Hon. T. ’C. W. Ellis, Judge.</p>

<p>Syllabus.</p> <p>In the absence of a stipulation in the lease to the contrary, the 1 rent is payable at the “ dwelling” of the lessee. '</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “B,” No. 993,070, Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>1. Where two: cases brought by different plaintiffs against the same defendants upon distinct causes of action and to which separate defenses are severally pleaded, were by agreement tried together for purposes of economy and expediency, and resulted in two separate and distinct judgments against the defendants, they constitute separate cases within the meaning of Act 63 of 1908, for which two filing fees on appeal' may be charged by the clerk of this Court; and an order of the lower Court, after final judgment, that the eases shall be consolidated and treated as one for the purposes of appeal, is wholly without effect and beyond its jurisdiction.</p> <p>2. Where two or more parties to a single judgment secure separate orders of appeal, and simultaneously file in this Court a record of appeal embracing all appeals (as they are authorized to do), the clerk is entitled to but one filing fee under Act 63 of 1908.</p> <p>Syllabus on the Merits.</p> <p>1.. A building is not completed within the meaning of Act 134 of 1906, until it is ready for final delivery "and has been tendered to the owner and he has accepted same, or is in default for not having done so.</p> <p>2. An attested account of a claim based upon a contract for furnishing and installing the plumbing and gas fitting work required in a building at a fixed price, is sufficient within R. C. C., 2772 and Act 134 of 1906 if it sets forth generally the nature and price of the contract and the payments made thereon.</p> <p>3. The question of the relative liability, inter sese, of owner, and surety under Act 134 of 1906, raised by the former in its answer to a suit by a máterial-man, cannot be adjudi? cated upon in the absence of service of such answer upon the surety or of issue otherwise joined thereon.</p>

<p>Syllabus.</p> <p>1. Clauses in a contract should not be construed as repugnant, if by any reasonable interpretation they can be reconciled so as to give force and effect to each.</p> <p>2. A lessee is entitled to rely upon the lessor’s express warranty against vices and defects in the thing leased.</p>

<p>Syllabus.</p> <p>Where it is a matter of appreciating the probative value of testimony and not a question of the credibility of witnesses, the findings of the trial Judge will not be taken as conclusive.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “C,” No. 94,600, Hon. E. K. Skinner; Judge.-</p>

<p>Appeal from the Civil District Court for the Parish of</p> <p>Orleans, Division “A,.’’.No. 95,457, Hon. T. ,C. W. Ellis, Judge.</p>

<p>Syllabus.</p> <p>The regulation of traffic 'by fixing the time and manner in which a railroad company shall carry persons and property, the price to he paid therefor, and the places at which' its trains shall stop to receive and discharge the same, is a legislative ° and not a judicial function.</p>

<p>Syllabus.</p> <p>Issues of fact only are involved herein.</p>

<p>Appeal from the Civil District Court for the Parish of .Orleans, Division “C,” No. 99,333. Hon. E. K. Skinner, Judge.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “C,” No. 100,100, Hon. E. K. Skinner, Judge-</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “D,” No. 98,693. Hon. Porter Parker, Judge.</p>

<p>Appeal from the Civil District Court, for the Parish of Orleans, Division “D,” No. 99,931. Hon. Porter Parker, Judge. •. •</p>

<p>Syllabus.</p> <p>Where one party asks of the other a release from a contract, if same can be done without loss to such other party, the time for the latter to consider his resulting loss of profits and to make reservations, with respect thereto is before and not after giving the release.</p>

<p>Syllabus.</p> <p>1. An attested account based upon a contract for furnishing the woodwork required in a building at a fixed price, is sufficient under Act 134 of 1906, if it sets forth generally the nature and price of the contract and the payments made thereon.</p> <p>2. A building is not completed within the meaning of Act 134 of 1906, until it is ready for final delivery and1'has been tendered to the owner and he has accepted same, or is in default for not having done so:</p>

<p>Syllabus.</p> <p>1. Any notice in writing which clearly indicates to the tenant that the lessor de°sires to put an end to the lease and obtain possession of the premises at the end of the current month, if served ten days or more before such expiration, is sufficient to .entitle the lessor to .obtain possession at that- time.</p> <p>2. After notice'to vacate the mere acceptance of rent for the actual occupancy of the premises raises no presumption of an implied renewal of the lease.</p>

<p>Syllabus.</p> <p>1. If the defendant though present in the Parish, yet suffer the judgment -to be executed without opposing the same, he cannot thereafter be heard to question its validity.</p> <p>2. Where it is discovered at the moment of the sale that the true dimensions of the property seized are less than those mentioned! in .the advertisement, the property may be adjudicated according to the correct dimensions.</p>

<p>Syllabus.</p> <p>1. In an action by a third person for actual damages for the ' illegal seizure of his property, proof of good faith and want of malice on defendant’s part does not bar recovery, though these elements might be considered in mitigation of damages or in assessing punitory damages.</p> <p>2. In the assessment of damages in such an action, it is proper to allow the expenses for attorneys’ fees and briefs incurred by plaintiff in successfully prosecuting the third opposition wherein the illegality of the seizure was determined.</p>

<p>Syllabus.</p> <p>"Where a real estate broker, employed by the owner, presents to the latter for acceptance an executory agreement of sale, signed by tlie prospective purchaser and accompanied by the deposit of earnest money, and the owner, in accepting same, agrees to pay the broker a commission “for making sale,” the broker is not entitled to his commission, if the purchaser exercises his right of withdrawing from the contract upon forfeiting his deposit to the owner.</p>

<p>Syllabus.</p> <p>Whether or not money deposited by a purchaser is “earnest money,” is a question of fact dependent upon the intention of the parties to be deduced from a consideration of all the facts surrounding their agreement.</p>

<p>Appeal from, the Civil District Court, (Parish of Orleans, Division “D,” No- 96, 334, Hon. Porter Parker, Judge.</p>

<p>Syllabus.</p> <p>Oral acknowledgments of open accounts serve ¡only to interrupt the three years prescription, which thereupon begins to run mew; but from the time of an acknowledgment in writing said prescription ceases to run, and a new and longer prescription begins, to-wit; the prescription of five or ten years, according to the form given to such acknowledgment.</p>

<p>Appeal from the Civil District Court,'Parish of Orleans, Division “B,” No. 94,369, Hon. F. D. King, Judge.'</p>

<p>Syllabus.</p> <p>1. Where a party gives a reason for his conduct anl decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground and put his conduct upon another and a different consideration.</p> <p>2. The undisclosed principal, in a business conducted by an agent in his own name, is liable for the debts incurred by the agent in the couse of the business.</p>

<p>Syllabus.</p> <p>The burden of proving payment is on him who pleads it.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “B,” No. 90,284, Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>1. Death, like other facts, may be established by circumstantial ■evidence, when direct evidence is not obtainable; and when the absence without tidings of one exposed to peril of life concurs with other attendant circumstances to produce the moral conviction that the party is dead, such proof is all that is required.</p> <p>2. Where, in a suit for specific performance, the title tendered is valid, but the administration of proof is necessary to establish such validity, the Court will exercise its discretion under Act 229 of 1910 and tax the costs of the lower Court upon the plaintiff, though he be successful.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “C,” No. 101,599. Hon. E. K. Skinner, Judge.</p>

<p>Appeal from the Civil District Court for'tile Parish of Orleans, Division “0,” No. 92,555. Hon. E. K. Skinner, Judge.</p>

<p>■Appeal from the Civil District Court for the Parish of Orleans, Division “B,” No'. 98,436. Hon. F. D. King, Judge.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “B,” No. 93,103, Hoñ. E. D.:King, Judge.</p>

<p>Syllabus.</p> <p>1. The obligation to record a lien arises only from the time the lien itself comes into existence, and no lien or claim for street paving exists until the work, be finished and accepted, and a certificate be issued therefor.</p> <p>2. The object of the law in requiring a petition for street paving to be advertised and making it mandatory on the City Council to act in accordance with the petition if not objected to, was to dispense with the necessity for inquiry by the Council into the titles of alleged owners and into the authority of those pretending to sign for them, as well as to give notice to all parties interested to come forward with any objections which they might have, whether to said .petition or to the paving; and if the latter choose to remain silent until the . contract is let and the work begun, they cannot thereafter be heard to complain; nor can those who hold under them.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “B,” No. 98,790. Hon. P. D. King, Judge.</p>

<p>Syllabus.</p> <p>The ease involves a question of fact only.</p>

<p>Syllabus.</p> <p>The burden rests upon the insurer of establishing the facts upon which a release from its obligation is predicated.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “C,” No. 93,705. Hon. E. K. Skinner, Judge. . . '</p>

<p>Syllabus.</p> <p>1. All the recitals of a deed must be reconciled if it be possible to do so without doing violence to the words of the instrument and the obvious intention of the parties.</p> <p>2. Custom sanctions in this community the use of both English and French linear measures; the former predominates in the newer surveys, the latter in the more ancient ones.</p> <p>3. The French linear measure was -established by the original settlers in this community and has never been abolished by law.</p>

<p>Syllabus.</p> <p>Tt devolves upon the party who relies thereon to establish that the agreement alleged was. intended to create a legal obligation; that is, that the parties thereto seriously contemplated the assumption of legal rights and duties. ■&:'€. G., 1813, 1815. ' '</p>

<p>Syllabus.</p> <p>- Issues of fact only are involved herein.</p>

<p>Syllabus.</p> <p>1. An appeal will be maintained, as devolutive if a bond for the sum fixed by the Judge has been filed at any time before the return day and within a year after judgment.</p> <p>2. On a rule to show cause, the copy served on the defendant must bear the signature of the clerk ior his deputy and also the seal of the Court, to validate it and require obedience thereof.</p>

<p>Syllabus.</p> <p>The doctrine in Nolan vs. Labatut, 117 La., 447, is followed and applied in a ease presenting similar circumstances.</p>

<p>Syllabus.</p> <p>Questions of fact only are involved.</p>

<p>„• Appeal from First City Court, Division “ C, ” No. 53,086.</p>

<p>Appeal from First City Court, Division “C,” No; 53,066.</p>

<p>Appeal from the Civil District Court for tlie Parish, of Orleans, Division “A,” No. 97,574, Hon. T. C. W- Ellis, Judge.</p>

<p>Appeal from the Civil District Court, Parish' of Orleans, Division “D,” No. 99,512, Hon. Porter Parker, Judge.</p>

<p>Syllabus.</p> <p>The vendor’s privilege is confined to the ship or vessel itself, except in the case of a forced sale of the latter, in which even the privilege is transferred to me proceeds of such sale. B. G. C., 3237-3245.</p>

<p>Appeal from the Twenty-ninth Judicial District Court, Parish of Plaquemines, No. 959, Hbn. R. E. Hingle, Judge.</p>

<p>Syllabus.</p> <p>An adjudicatee cannot be compelled to accept a title of doubtful validity or one suggestive of future litigation.</p>

<p>Syllabus.</p> <p>Where the conflict of evidence is resolved against the defendant first by a jury and again on a second trial by the presiding Judge, the conclusion -will not be disturbed on appeal unless it is palpably erroneous.</p>

<p>Syllabus.</p> <p>Refusal to comply -with the terms of an agreement makes a putting in default unnecessary. Lex neminem eogit ad vana sen inutilia peragenda.</p>

<p>Appeal from the 28th Judicial District Court, Parish of Jefferson, No. 1404, Hon. Prentice E. Edrington, Judge.</p>

<p>Syllabus.</p> <p>Under Act 70 of 1886 the burden lies upon the railroad company to overcome the presumption of negligence arising from the billing of stock upon its tracks.</p>

<p>Syllabus.</p> <p>1. Answers to interrogatories on facts and articles must conform to the rules of evidence. Lafarge v. Ripley, 4 Martin, ■ N. 0,303.</p> <p>2. To contest his own acknowledgment of payment made by authentic act, or avail himself of an oral promise to transfer real property, a plaintiff who is without a written acknowledgment, must rely upon answers given by the defendant to interrogatories on facts and: articles. C. G., 2462, 2275, 2237, 11 La., 416.</p> <p>3. Answers to interrogatories on facts and articles, like other judicial confessions, cannot be divided against the party making them, -but must be taken entire., C. P., 356,- C. C,, 2291. ■</p> <p>4. Answers to interrogatories on facts and articles, when they must be relied upon by plaintiff to make out his case, stand as part of plaintiff’s own pleadings, and if they be destructive of his right of action, an exception of no cause of action will lie. Godwin vs. Neustadlt) 42 An., 735; Wells vs. Wells, 116 La., 1065.</p>

<p>Syllabus.</p> <p>Issues of fact only are involved herein.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “B,” No. 88,951. Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>1. Tbe lien for street paving in the City of New Orleans attaches to the property from the moment the contract between the City and the paving contractor is perfected, - though it be not enforceable until the certificate issues.</p> <p>2. An adjudication made at public auction by direction of the owner, and not under an order ef Court amounts only to a ■ promise of sale and not to a completed sale vesting title in the purchaser.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “C,” No. 97,867. Hon. E. K. Skinner, Judge.</p>

<p>Syllabus.</p> <p>1. . A proceeding is not revocatory in character .which does not seek to annul but merely to restrict the legal effect of the acts complained of.</p> <p>2. A sale and re-sale between a debtor and his creditor, intended merely as a security for the debt is in legal 'effect a conventional mortgage and does not give rise to the vendor’s privilege.</p> <p>3. Where a creditor partly on open account, and partly on a mortgage note, receives from his debtor a new mortgage note for the aggregate indebtedness and cancels of record the old note and its security, the latter will be héld’ to be novated in the absence of proof of1 a contrary intention'.</p> <p>4. The claim of the widow in necessitous circumstances under R. C. C., 3252, rests at the date of the husband’s death and her rights must be tested with reference to conditions then existing.</p>

<p>Appeal from the Ciil District Court for the Parish of Orleans, Division “G,” No: 89,743. Hon. E..K. Skinner, Judge.</p>

<p>Appeal from the 28th Judicial District Court, Parish of Jefferson, Hon. P. E. Edrington, Judge.</p>

<p>Appeal from the Civil- District Court, Parish of Orleans, Division “’0,” No. 102,251, Hon. E. K. Skinner, Judge.</p>

<p>Appeal from the Civil District Court, Parish of Or leans, Division “C,” No. 82,018. Hon. E. K. Skinner, Judge.</p>

<p>Syllabus.</p> <p>1. The findings of facts of the trial Judge who has seen and heard the witnesses will not be lightly disturbed.</p> <p>2. Error as to the substance of the thing which is the subject of the contract vitiates the latter. B. C. C., 1836-1837.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division ‘C‘,” No. Í00,819, Hon. E. K. Skinner, Judge. .</p>

<p>Syllabus.</p> <p>Parties undertaking to take the law in their own hands and to substitute violence for legal process should be made to feel the weight of judicial condemnation.</p>

<p>• Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 98,917.' Hon. T. C. W. Ellis, Judge.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 98,954. Hon. T. C. W. Ellis, Judge.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 91,041. Hon. T. C. W. Ellis, Judge.</p>

<p>Syllabus.</p> <p>1. Under Section 4 of Act 157 of 1912 — the pleadings and practice act — the plaintiff may by rule submit to the Court his right to a judgment on the face of the petition and answer.</p> <p>2. While the wife may not bind herself to become surety for her husband- while living, she is at liberty to. assume and pay his debts after his death. The fear of marital influence lies at the root of the prohibition; ratione cessante cessat lex.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “E,” No. 99,717. Hon. Gr. H. Theard, Judge.</p>

<p>Syllabus.</p> <p>1. According to Act 190 of 1912, the fact that it lies within the power of the defendant to conceal, part with or dispose of. the movable in his possession, during the pendency of the suit, shall be deemed sufficient to justify an affidavit by the plaintiff, for the purpose of obtaining the writ of sequestration, that the defendant v.ill so conceal, part with or dispose of the property in question.</p> <p>2. The statute was prepared and recommended to the General Assembly for adoption by the Louisiana Bar Association and was intended to restore the jurisprudence established in Lowden vs. Robertson, 40 A., 825, and apparently impaired by the declaration in 50 A., 931, that the sequestrator must show the reason and cause for his fear.</p> <p>3. Such a declaration by the legislature is a purely legislative function which does not encroach upon the domain' of the judiciary.</p>

<p>On Motion to Dismiss.-</p> <p>Appeal from the Civil District Court for the Parish of Orleans, Division-“A,” No. 99,455. Hon. T. C. W. Ellis, Judge.</p>

<p>Appeal from the Civil District Court for the Parish, of Orleans, Division “B,” No. 99,513. Hon. P. D. King, Judge.</p>

<p>Note by Reporter — (The original of the foregoing opinion is missing from the.records of the Clerk of the Court of Appeal. The above is a verbatim copy of a purported certified copy of the original which the Clerk of the Court of Appeal sent back to the District Court.)</p>

<p>Syllabus..</p> <p>1. 'Under G. P., 287, the liability for costs of the landlord who seizes prior to the rent being due is incurred in the event only that the rent be subsequently paid promptly at its maturity.</p> <p>2. Where the transaction wherein one binds himself in solido is one in which his co-debtor alone is concerned, the latter is responsible for the whole debt to the former, who under such . circumstances is regarded merely as a surety with respect to his co-debtor. '' '</p> <p>3. A surety who discharges the debt of his principal becomes thereby subrogated to all creditor’s rights, privileges and preferences.</p> <p>4. A judgment is admissible as prima facie evidence of the existence of a debt, even in proceedings beween persons who were not parties thereto.</p> <p>5. A landlord’s acquisition ,of the mere right of occupancy of the premises for the unexpired term of the lease, does not extinguish the lease by confusion.</p> <p>6. The property of á third person s.eized upon the leased premises at the suit of the landlord cannot be applied to the payment of the rent, if the property of the lessee, which has likewise been seized,' is sufficient in value for that purpose.</p>

<p>Syllabus.</p> <p>Where one keeps, goods, purchased for his account by an unauthorized person, the vendor may at his option treat such action either as a conversion or as a ratification.</p>

<p>Syllabus.</p> <p>1. The defendant was a depository who received a reward for preserving the. deposit and whose duty it was to return the deposit upon the demand of the depositor and repayment by the latter of the claims arising from the deposit.</p> <p>2. It was a violation of law for the defendant, while acting in the fiduciary capacity of depository to sell the deposit without the consent of the owner or without resorting to legal proceedings. The Courts were open for the assertion of such rights as defendant may have had.</p>

<p>On Motion to Dismiss.</p> <p>Appeal from the 29th Judicial District Court, No. 964,, Hon. R. E. Ilingle, Judge.</p>

<p>Appeal from the 2:9th Judicial District Court, No. 964, Honorable R. E. Hingle, Judge.</p>

<p>Appeal from the Civil District Court, Division “B,” No. 88,271, Hon. F. D. King, Judge.</p>

<p>Syllabus.</p> <p>Issues of fact only are involved herein.</p>

<p>Appeal from the Civil District 'Court for the Parish of Orleans, Division “E,” No. 87,923, Hon. G. H. Theard, Judge.</p>

<p>Appeal from the Civil District Court, Parish of Orleans, Division “D,” No. 99,279, Hon. Porter Parker, Judge.</p>

<p>Syllabus.</p> <p>, 1. Dilatory exceptions should be pleaded specially and in limine, or they will not be noticed.</p> <p>2. Where a petition clearly distinguishes between different debts and asks for separate judgment on each, the fact that they are sued for in a single action is not, of itself alones, evidence of a merger and novation of such debts.</p> <p>' 3. Documents admitted in evidence without objection prove themselves.</p>

<p>Appeal from- the Civil District Court for the Parish of Orleans, Division “E,” No. 100,537, Hon. G. H. Theard, Judge.</p>

<p>Syllabus.</p> <p>Questions of fact only are involved.</p>

<p>Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 101,560. Hon. T. C. W. Ellis, Judge.</p>

<p>On Motion to Dismiss.</p>