Volume 23 — Louisiana Annual Reports

<p>The charter of tho city of £Tow Orleans of 1856 accords no privilege in iavor of the city ot the contractor on tho property of a front proprietor for making a banquette or pavement on the street. Section 110 of the charter, which gives a priviloge in favor of the city foi •assessments of taxes on the property assessed, has reference only to assessments regularly made in conformity with law, and can not be extended by implication to other burdens authorized to be imposed on the property within the corporate limits of the city.</p> <p>In the distribution of tho proceeds of an insolvent estate, when the proceeds of the sale oi the personal effects are insufficient to discharge tho general privileges, and the proceeds of the sale of the real estate which is mortgaged, are required to contribute, tho proceeds of tho mortgage which is least ancient, must first be applied, and so on, in regular succession, or until the privileges are discharged. This rule applies, whether tho property mortgaged is situated in one or several parishes of the State; that is, if the mortgage on one piece of proport.y, in one parish, is less ancient than that of another parish, it must first be exhausted before that of the other parish, of a prior date of registry, can bo called upon, and the mortgage of tho latter parish, of prior date, can only be called upon to maleo up the delicie* Rebobtek — By an oversight, this case was placed among the list of unreported cases for 1869. See 21 An. 778, No. 1456.</p>

<p>The notes issued by tho city of Hew .Orleans, known as city treasury notes, which, on their face, were made receivable for all debts and demands due the city, arc not bills of credit within the meaning and intendment of section ten of article one of tho Constitution oí • the United States.</p> <p>The act of the G-eneral Assembly of 18G9, authorizing tho funding of these notes in interest bearing bonds of the city, was a ratification by the State which legalized their issue by tho city. Therefore, any holder of such notes is entitled to recover the amount from the city, with legal interest, from judicial demand</p> <p>The prohibition contained in article one, section ten, of the Constitution of the United States, against the States emitting bills of credit, does not extend by implication to a municipal corporation of a State. The State, although prohibited from emitting bills oi credit herself, may authorize a private or public corporation, within her borders and under her control, to do so. In tho exercise of this prerogative by the State, there is no difference between the authorization granted to a private and a public or political corporation.</p>

<p>APPEAL from the Second Judicial District Court.</p>

<p>APPEAL from Second District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court for the parish of Orleans,</p>

<p>A juror who does not spealc or understand the English language, jnay he challenged by the State, and excluded, by tlie judge, although lie be a qualified elector and possess all the legal requisites to constitute him a good juror. The accused is not deprived of any right or privilege by excluding him from the panel.</p> <p>A juror who does not understand the language in which the proceedings are conducted, is as-much an unfit person to sit on the trial, as though he was infirm, or incapable oi rendering such services; and the State, as well as the accused, may have him excluded by challenge for cause.</p>

<p>Evidence to show that a translator, selected to interpret the testimony of witnesses wno testify in a language not understood hy tho counsel, tho court or the jury, is incompetent, can not he admitted after verdict, on a motion for a new trial. The objection is too late, if not made during the trial.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>&. defendant, 'who lias allowed bis lands to be seized and sold to pay Ids debts, can not afterward maintain a petitory action, for tlie recovery of tlie lands, against tlie purchaser, at judicial sale. Being divested of title himself by the sale, he is estopped from setting up liis title against the purchaser.</p>

<p>In a deed to a tract ol' land appeared the following clause: “ Tbe said purchaser reserving to himself the right, after having effected the payment of the first sixth part, to postpone the payment of the last five-sixths from year to year, indefinitely, in consideration of an annual interest of ten per cent, from the maturity of the respective sums or terms, whose payment shall be thus postponed, which interest shall bo exigible from year to year. In default of payment promptly, the whole capital to be exigible, as if there had been no stipulation for that delay.” Held — That the stipulations in the act or deed, postponing payments on the five-sixths indefinitely, on condition that ten per cent, interest was paid annually and the other conditions did not change the character of the act from that of a salo to that of a contract of rent, and, therefore, the vendor could not maintain an action for rent on the deed, in case the conditions were not promptly complied with.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>The «appointment of the public administrator to take charge of a succession, pending a contest for the administration, is provisional only, and the public administrator is •without authority, nor can the court that has made the appointment, authorize him to sell the property or pay the debts of the estate.</p>

<p>APPEAL from Second .Judicial District Court, parish of Jefferson.</p>

<p>Tr> a suit for interdiction, tlie defendant, who is charged with insanity or mental unsoundness, must ho notified in person. He can not he cited through a curator ad hoc. 16 Id 67. 'The more application to have a person interdicted does not revoke or in anywise aííect a power of attorney given hy him.</p> <p>An agent, holding a full power of attorney to do everything in relation to the property and rights of his principal which occasion may require, may represent his principal in a demand against a succession of which ho (the agent) is a co-executor.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>The application of a party to remoro a canse to tlio next Circuit Court of the United States, is analogous to a plea to the jurisdiction of the State court, and, wlion granted, tbe party against whom it is taken, has the right to appeal. The case -would be different, if tho application to remove is refused by the court a qua. In tho latter case no irreparablo injury would follow, and the appeal would not bo allowed. Rosonfield v. Adams Express Company, 21 An. 233.</p> <p>A mandamus will therefore issue, on application, from tho Supreme Court directing the Judge of the District Court to grant an appeal irom an order transferring a cause to the Circuit Court of the United States, if the case is in other respects appealable.</p>

<p>Tlie certificate of tlie surveyor of a municipal corporation, that public work, in making* wooden curbs and gutter with planks, under a contract with the corporation, is done in. accordance with the specifications, may be rebutted and overthrown by the testimony of witnesses to the contrary.</p>

<p>APPLICATION for a Writ of Mandamus.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from the Fourth. Judicial District Court, parish of St. James.</p>

<p>The District Courts have original jurisdiction in all cases (not probate) where the amount-involved is above five hundred dollars, exclusive of interest, without reference to the defense which may be urged against the claim. Constitution, article eighty-five.</p> <p>Therefore the District Court has jurisdiction ratione materia; in a damage suit where one thousand dollars are claimed, although the verdict of the jury only awards one hundred dollars. ‘</p>

<p>. A, the judgment creditor of B, caused a lot of tobacco in a warehouse to he seized, as tki property of his debtor. C, a third party, intervened and claimed the property. The facts elicited on trial show that B was the agent 'of C; that he had offered to sell the tobacco, and pointed it out to two brokers for that purpose; that A, being nresent when i1 was offered for sale as B’s property, caused it to be seized.</p> <p>C, the intervenor, showed a bill of sale of the tobacco, the warehouseman’s receipt, and the authentic act constituting 33 her agent.</p> <p>Held — That the evidence of tho brokers that B engaged them to sell the tobacco, which was pointed out to them in tho -warehouse as B’s property, was insufficient to overthrow the title of C, as established by tho bill of sale and the warehouseman’s recoipt; that the agent was under no obligation to disclose his capacity to the brokers, when he applied to them to have the property sold.</p>

<p>■Obligations, acquired subsequently to tlie insolvency, can not be pleaded in compensation by the debtor of the insolvent.</p> <p>Where judgment has been given in the court below for more than is demanded in the petition, it will be reduced on appeal to the amount demanded, and the plaintiff will be condemned to pay the costs of the appeal.</p>

<p>APPEAL from tlie Sixtb District Court for the parish of Orleans.</p>

<p>APPEAL from Fifth District Court, parish of Orleans.</p>

<p>The room or place whore the court usually holds its sessions is not sacramental. Therefore, court may he opened and hold in the room, commonly used as a clerk’s office, and the decrees and judgments, rendered in such room or place, will not he void on that account.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>A steamboat that takes goods on board at tbo port of INe-w Orleans, and gives a bill of lading obligatory to deliver tbe goods at a given point or place on tbe Yazoo river, not on tbe route or line of tbe steamer, -with. tbe reservation of tbe privilege of transhipment, is • liable in case of loss or failure to deliver tbe goods according to the contract. This liability is tbe same, -whether tbe loss occurs before transhipment or afterward; in tbe latter case, tbe second vessel is as much theirs as tbe first, and tbe liability is tbe same as if tbe loss bad occurred on tbe first vessel.</p>

<p>APPLICATION for mandamus.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>APPEAL from Third District Court, parish of Orleans.</p>

<p>In a criminal trial, on an indictment for forgery, a paper or document, shown to be in the handwriting of the accused, which has no relation to, or connection with, the document forged, is not admissible in evidence to prove by a comparison of the handwriting, that the forged document is in the handwriting of the accused. *</p>

<p>APPEAL from the Parish Court of Lafourche.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>A lessee can not set up, in defense to a claim for rent, that the building was uninhabitable, and that he has suffered damages to his furniture in consequence thereof. In such a •case, the lessee was authorized, if the lessor has failed or refused, to have the necessary repairs made, and deduct the cost from the rent.</p>

<p>Tlie maker of a note iu favor of a bank can not urge, as a defense to its payment, that tbe appointment of a receiver by tbe government, to liquidate its affairs, was not regular. It is sufficient for tlie maker to know that a receiver was appointed, who holds the note, and that he will be discharged by paying it.</p> <p>A bank, by refusing to pay checks drawn upon it, does not incur a liability in favor of the payee. Therefore, the holder of checks on a bank can not, after payment has been refused, plead them in compensation against his note held by the bank or its receiver.</p>

<p>APPEAL from Seventh District Court, parish of Orleans.</p>

<p>The action to recover tli© wages of a person employed as a nurse is prescribed by onoyear. C. C. 3534.</p>

<p>APPEAL from Fourth. District Court, parish of Orleans.</p>

<p>The defendants, R. L. Adams & Co., were sued for a balance due Joseidms Lore. E. T. Jennings, one of tlio firm of E. L. Adams & Co., averred tliat the indebtedness of Love, if it ever existed, was due by the former firm of It. L. Adams & Co., of which he was-not a member, and not by the present firm, of which he is a member and against whom, suit is brought., The evidence shows that at the time Jennings entered the firm of E. L. Adams & Co., he was made acquainted with the debt standing against the former firm in. favor of Love; that he made no objection thereto, but, on the contrary, made provision, for its liquidation by the now firm. Held — That these acts on his part amounted to an. assumption of this liability as a partner.</p>

<p>The rule Quca temporalia sunt ad agendum, perpetua sunt ad ecccipicndum may he urged as a means of defense, but it can not be used as a weapon of attack. Therefore a purchaser of property, when sued for ike price, may urge in defense the redhibitory defects, the diminution in quantity and the like, although his right to recover by direct action for euck cause be prescribed.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>A painter who undertook to have the work of painting a house done, purely as an act of friendship, without any charge on his part, and, when it is completed, furnishes the owner with a memorandum of the cost of materials furnished and labor employed hy him, can not afterward, on the mere refusal of the owner to pay the hill, recover more than the amount so charged in the hill. In this case it was held that the refusal hy the -owner to pay the hill, £rst made out hy the painter, did not create an agreement or obligation to pay additional charges for his own services and supervision of the work which he had undertaken gratuitously.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>APPEAL from tbe First District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>APPEAL from the District Court, parish of Jefferson.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>Xlie voluntary declarations of tlie accused, made "before the committing magistrate on a preliminary examination, and certified to "by him in the presence of two witnesses, in conformity with section 1010 of the Revised Statutes of 1870, cau not he offered in evidence or used on the trial before the jury by the accused. Declarations so taken are intended cnly to perpetuate for the use of the State such confessions as the accused may choose to make,</p>

<p>Though the personal obligation of universal legatee, to pay a particular legacy is jomu, vneir hypothecary obligation is solidary.</p> <p>The legal mortgage in favor of particular legatees on the property of the succession, withheld by the universal legatees, must be recorded as against third persons, 22 An. 391, but it need, not be recorded -as against the universal légateos themselves. They are not “ third persons,” but “contracting-parties,” by quasi contract, resulting from their acceptance of a succession or universal legacy, subject to the payment of a particular legacy. C. C. (1825) 2314-15-16.</p> <p>Tliis legal mortgage In favor of particular legatees is a right distinct from the privilege resulting from tlie separation of patrimony; and therefore the article 3242 of the Code of 1825, which requires the privilege to be recorded within three months from the opening of the succession, does not apply to this mortgage, which may exist without record as long as the obligation to which it Is accessory. '</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>APPEAL from Sixth District Court, parish of Orleans.</p>

<p>APsPEAL from Seventh District Court, parish of Orleans.</p>

<p>In a suit on a promissory note against the maker, parol evidence is admissible to show an interruption of prescription. Section 2 of the act of 1858, No. 208, page 118, requiring written evidence to prove acknowledgment so as to interrupt prescription by persons deceased, does not apply to cases where the maker of the note is living.</p> <p>The burden of showing that the noto srrod upon has been paid, falls upon the party who makes the plea; and the exhibit of an open account against the holder of the note, can not be pleaded in compensation or payment of the note.</p>

<p>APPEAL from the Second. District Court, parish of Orleans.</p>

<p>The act of 18(34, creating the office of tax collector for the several parishes of the State, was repealed by the statute of 1868,/ entitled “An Act to provide a revenue for the State government, and the manner of collecting the same.” Therefore the office of tax collector, under the act of 1864, became extinct by the passage of the act of 1868, and such officer elected under that act must give way to the officer designated by the act of 1868 to collect the taxes.</p> <p>In a proceeding under the intrusion act, ÜÑTo. 156 of 1868, to test the right to an office, the party claiming the office may be joined, and if it be ascertained that he is entitled thereto, he will be so recognized in the decree which pronounces the incumbent an intruder.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>If the loss or destruction of an olographic will or a sealed letter, which it is claimed is a part of the will, ho shown, the legatee claiming under the will or the scaled letter, may ]: establish either tho contents of the will or the sealed lettor, so lost or destroyed, by secondary evidence. And if it be alleged and shown by the legatee, who claims under the sealed letter, that tho universal legatee under the will, into whose possession the sealod letter came, fraudulently concealed or destroyed it, then, and in that case, tho court will apply, in favor of the party claiming under the sealed letter as a part of tho will thus lost or destroyed and against the spoliator, the maxim, omnia, preesumuntur contra spoliatorem. But this rule will not be appliod unless tho evidence makes it certain that the universal legatee, into whose possession tho scaled letter came, concealed or destroyed it for the purpose of defeating its bequests.</p> <p>"Where a sealed letter, which accompanied the will, lias boon lost or destroyed, which sealod letter it is claimed constituted a part of the will, is sought to bo established by secondary evidence as forming a part of the will, which has been admitted to probate, all the evidence necessary to establish the validity of an olographic will must bo produced. 'f he signature of the sealed letter, claimed to be a part of tho will, must be proved in tho same manner and by the same kind of testimony that are required to prove tho signature to the will itself. If the evidence and presumptions in the record are sufficient to establish that the sealod letter was written and dated by the testator, this fact, couplod with the presumption that men generally sign all lottors written.by them, is not sufficient to justify the court in concluding that the sealed letter, claimed to be a part of the will* was signed by the testator.</p>

<p>APPEAL from Second District Court, parish of Orleans.</p>

<p>Eor the purpose of determining whether a mortgage exists against the judgment debtor, resulting from the recording of a judgment, the judgment itself, as placed upon the record, can alone bo consulted. The judgment creditor can not be permitted to introduce or consult the petition or pleadings in the case for tho purpose of explaining or showing that tho judgment is joint or m solido. Therefore, if tho judgment, as recorded, shows that it is a joint judgment, and that more than one-half thereof has been paid by one of the joint judgment debtors, no judicial mortgage exists in favor of the judgment creditors, resulting from the recording of'such judgment, against the property of the joint judgment debtor who has thus paid. His part of the obligation being extinguished by paymont, the judicial mortgage resting on his property falls with it.</p>

<p>APPEAL from Fifth District Court, parish of Iberville.</p>

<p>APPEAL from the Parish Court of East Peliciaua.</p>

<p>APPEAL from tlie Fourth District Court, parish of St. James.</p>

<p>APPEAL from tbe District Court, parish of Tangipahoa.</p>

<p>Tlie Citizens’ Bank became the owner of a plantation by purchase at Marshal’s sale. The deed of tlie Marshal conveyed so much land, together with all tho buildings and improvements, stock, cattle, carts, mules, etc.</p> <p>Twelve mules were afterwards seized on the plantation by the sheriff, under a fien facias, at the suit of L. Grand & Co. v. J\ C. Patrick, as the property of the judgment debtor. J. C. Patrick was, at the time of the Marshal’s sale and afterwards, the manager on the placo. Tho bank enjoined the seizure on the ground that the mules seized were attached to the plantation at tho time of the sale, and passed to it with tho place by purchase.</p> <p>Held — That, under this state of facts, the burden of showing that tho mules, seized as the property of Patrick, were attached to the plantation and passed with the sale thereof as a part of the realty, devolved upon the bank, failing in which tho injunction must be dissolved.</p>

<p>APPEAL from the Seventh District Court, iiarish of Avoyelles.</p>

<p>APPEAL from the Ninth District Court, parish of Natchitoches.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>In a petitory action for a tract of land, if tlie plaintiff shows a title translative of property, and the defendant shows none, the plaintiff will recover. In such a case, if the defendant and his warrantor are both appellees, no amendment of the judgment (as between them) can be made by the appellate court, but the rights of the defendant against his warrantor will be reserved in the decree awarding the land to the plaintiff.</p>

<p>APPEAL from Seventh District Court, parish of Orleans.</p>

<p>A juror who lias formed an opinion based on common rumor without any prejudice or bias against the accused, is not disqualified from sitting on the trial.</p> <p>After the accused has boon indicted and pleaded not guilty, it is too late to urge his right to a preliminary examination before a committing magistrate.</p> <p>Questions of fact, as to whether certain witnesses who testified on the trial, had. sworn falsely, can not be noticed on appeal. Constitution, art. 74.</p> <p>The fact that alcoholic liquors were furnished the jury, to bo used by them for refreshment, while sitting on a protracted trial, does not vitiate -their verdict; nor is tins fact of itself good cause for a new trial.</p> <p>The presence of the sheriff or his deputies in the jury room during the trial is not misconduct, and the sheriff did nothing more than Ins duty in procuring a change of clothing for the jurors during the trial, which lasted five days.</p> <p>The deposit of the venire with the clerk and posting it up in the clerk’s office on the first day of the term are a sufficient compliance with the law requiring it to ho filed in the clerk’s office on that day.</p>

<p>APPEAL from the Fourth District Court, parish of St. John the Baptist.</p>

<p>Whore it is shown that an interlocutory judgment, dissolving an injunction, may work an irreparable injury, the party plaintiff in injunction is entitled to have it reviewed on appeal. Therefore, if the judge a quo refuses an appeal from such interlocutory decree, the Supreme Court will, on application, issue a mandamus, compelling him to grant the appeal and send up the record.</p>

<p>The assertion of a right to the samo thing by another title and in a different capacity by the samo parties, in a new suit, can not he construed as an acquiescence in the former judgment. Therefore the appeal which has been taken from the first judgment will not be dismissed on motion, because the same parties have brought another suit for the same tiling under another title and in a different capacity.</p> <p>The act of the General Assembly, approved March 16, 1870, entitled “An Act to regulate public education in the State of Louisiana and city of New Orleans,” etc., gives to the ward hoards of school directors for the city of New Orleans, the primary control and direction of the public schools of the city. Tho city hoard of school directors for the city of New Orleans, created by the same act, are subordinate in their powers and functions to those of the ward hoards; they are not, therefore, authorized under this act to make contracts with teachers, receive or disburse the school funds belonging to or coming to the city for school purposes, tho ward hoards alone being vested with this power under the aot.</p>

<p>In 1862, during tlie time that the city of Ne-w Orleans ¶-as under insurgent control and Con. federate notes wore the circulating medium, a judgment creditor who resided in the cityr caused execution to issue, hy virtue of which the sheriff seized and sold the property of the debtor. The price of the bid was paid over to the sheriff in Confederate notes,, which he deposited in bank. After the city had been captured by the United States, the judgment creditor demanded the amount of the sale in lawful currency.</p> <p>Held — That Confederate notes being the circulating medium at the time the fieri facias was. placed in the hands of the sheriff and also at the time the sale was made, and the judgment creditor being at the time a resident of the city of Hew Orleans, he must be presumed to have authorized the sheriff to take in payment such notes; that the sheriff* being obliged to execute the writ, without the power to enforce payment in any other-currency than Confederate notes, can not be compelled to return to the creditor any other currency than the notes he received.</p> <p>"When the sheriff has sold property under execution and taken an unlawful currency in payment, tbe action against the sheriff by the judgment creditor is not for moneys received, by him, but for malfeasance in office in having sold property and received in payment thereof other than lawful currency; such action is prescribed hy one year.. C. C. 3536, (3501),</p>

<p>If the husband be indebted to the •wife fox paraphernal pxopoxfcy belonging to hex, which he has received, he may give her in payment for such property other'property of his own, and such property so given in payment is not liable to seizure for the debts of the husband, but is to bo regarded and treated as her separate property.</p>

<p>APPEAL from the Seventh Judicial District,, parish of Avoyelles-</p>

<p>In an action in damages for falso imprisonment malice will "be inferred, if the record shows-a want of probable cause for making the arrest. The inexperience of the attorney who-advised and instituted the proceedings, while it can not justify the arrest, may properly : be invoked in mitigation of the damages to which his client has been subjected.</p>

<p>APPEAL from the Parish Court, parish of Pointe Coupée.</p>

<p>APPEAL from the Parish Court, parish of Rapides.</p>

<p>' A contract made with a levee inspector of a parish, to construct a levee, under an ordinance * of the police jury, is not affected hy the subsequent repeal of the ordinance.</p> <p>The act ütfo. 312 of 1855, conferring authority on the police juries of all the parishes of the \ • State to pass all such ordinances as they may deem necessary relativo to roads, levees, ' bridges and ditches, is not repealed by the act of the seventeenth of February, 18GG, entitled “An Act to ratify the appointment of levee commissioners previously made by the G-ovemor of the State, and to continue their functions.” This act only repealed such parts of the act of 1855 as conflicts with.'its provisions. Therefore the police jury of the parish of Avoyelles was authorized by the act of 1855, notwithstanding the act of I860, to pass an ordinance authorizing certain levees within the parish to be built and to bind the parish for the payment of the cost of building the same.</p>

<p>A motion ia made to dissolve the injunction in this case on the ground that there was no affidavit made, as required hy law. It appears that the order granting the injunction was rendered by the district judge. It apx»ears, also, that the affidavit was made on the same day and signed by the party making it, and that both the affidavit and the order were written on the petition, the affidavit immediately preceding the order. The words “sworn to and subscribed before me,” etc., are not followed by the signature of the judge. The order, which recites: “ The foregoing petition and affidavit being considered,” etc., is signed by the judge.</p> <p>Hold — That the non-appearance of the judge’s signature to the jurat was a more omission; that the signing of the order of injunction, which made special reference to the petition and affidavit, was one continuous act, and that the judge acted on the affidavit as having been made before him. 12 Bob. 132.</p> <p>.An injunction will not be set aside for informality or irregularity in issuing it, if it is manifest from the record that the plaintiff in injunction would be immediately entitled to another writ in case the one wliich had been granted, were dissolved. 12 An. 92; 18 An. Ill; 21 An. 324.</p>

<p>If moro tlian five years have elapsed between the date of credits placed on. a note, the latter credit must bo shown to be in the handwriting of tho debtor in order that it may bo urged as an interruption of 'prescription. Evidence that it is in tho handwriting of tho creditor with the knowledge of the debtor, will not suffice to interrupt prescription. 21 An. 748.</p>

<p>APPEAL from the Seventh District Court, parish of Avoyelles.</p>

<p>APPEAL from the Parish Court, parish of East Feliciana.</p>

<p>APPEAL from the Ninth District Court, parish of Rapides.</p>

<p>APPEAL from the Thirteenth Judicial District Court, parish of Madison.</p>

<p>•Julos Tuyos and Avegno & Willoz, brokers, purchased on joint account three hundred shares of the stock of the Commercial Waterworks Company for the aggregate sum of $20,625. Kor the payment of this amount Avegno & Willoz paid $625 in- cash and Tuyes executed his notes for the balance, $20,000, on time, and gave as collateral security the three hundred shares of stock. The stock, subsequently and before the notes wore paid, depreciated in valuó. The notes, with the collaterals, wore held respectively by the Bank of America, tho Merchants Mutual Insurance Company and the Mutual Insurance Company. The collaterals having depreciated in value, the holders called on the maker of the notes for a margin, which was for a part payment. The maker failed to pay and the shares of stock were sold according to law by the pledgees. At this sale the stock failed to bring tho amount of tho notes by a deficit of $9029 80.</p> <p>Held — That, tho maker of the t notes having purchased the stock on joint account with Avegno & Willoz, brokers, and having paid the notes or become liable for their payment, they, the brokers, were liable to him for the one-half of the loss resulting from the sale of tho stock by the pledgees, less tho amount of the cash which they paid in at the time of the purchase.</p>

<p>Plaintiff took a rule on defendant to cancel a note and erase a mortgage given to secure its-payment. Tbe defendant set up a reconventional demand for money wbicb bo was forced to pay as garnishee in a suit against tbe plaintiff in rule.. To tbis form of proceeding no exception was taken.</p> <p>Held — That the plaintiff could only be condemned to pay tbe amount on tho reconventional demand wbicb tbe defendant was obliged to pay as garnishee.</p>

<p>If the appellee bo cited in bis individual capacity, when be occupies only a representative-capacity in tbe suit, tbe fault is imputable to tbe appellant, and tbe appeal will be dis* missed on motion.</p>

<p>APPEAL from the Fifth District Court, parish of East Feliciana.</p>

<p>A street railroad company is responsible in damages if, through, the negligence or carelessness of the driver of the street car, a boy is run over and injured. The measure of the damages in such cases is to be determined by the extent of the injury dono. If the finding of the jury is supported by the evidence in the record both as to the fact of the infliction of the injury through the carelessness and negligence of the driver of the car and the extent of the injury done, their verdict fixing the amount for which the company is liable, will not bo disturbed on appeal*</p> <p>If tbe evidence shows that the boy wbo was run over by the car, was physically and mentally able to take care of himself on the street, and that he was in the habit of traveling tbe public streets alone, the driver of the car or the company owning the road will not be permitted to set up in defense to the action for damages, that tlio accident occurred’ through the negligence or want of consideration in the father in allowing the child to go on the streets alone, nor will the fact that the child tailed to got out of the way be allowed to weigh in favor of the company in. mitigation of damages, if the evidence shows, as in this case, that the driver was driving the car at the time of the accident at an unusual, if not an unlawful, rate of speed. But in such case the company will bo held liable to the full extent of tbe damages caused by the injuries which the boy has sustained.</p>

<p>If more than ton (lays aro allowed to elapso before application is made for an appeal, the judgment of tbe court below, if rendered in tlie parish of Orleans, becomes executory, .and a‘devolutive appeal only can betaken there after. In such a case a motion made, .after the lapse of ten days from the signing of the judgment, to quash the execution in the case, on the ground that the bond given for the appeal is sufficient in amount for a .suspensive appeal, will be dismissed, because a suspensive appeal will not lie after ten days from the signing of the judgment.</p>

<p>If the tender of the amount admitted to be due be not made by the debtor in the manner provided in article 407 of the Code of Practice and the creditor brings suit, the debtor must be condemned to pay the costs.</p>

<p>The acknowledgment (by the executor) of the correctness of notes, held by a creditor of the succession, need not be made on tlie notes themselves but may be made on a separate piece of paper.</p> <p>Suck acknowledgment, to work an interruption of prescription, must in all cases bo made in, writing.</p>

<p>APPEAL from tbe Seventh District Court, parish of West Feliciana.</p>

<p>The authority of an executor to carry on a plantation, furnish it with supplies, etc., must he shown; otherwise the estate is not liable for the supplies furnished, -by a merchant under his direction.</p>

<p>The testimony of a witness residing out of the State, when taken before a notary public of the place where the witness resides, under a commission from the court directed to any notary public in said county where the witness rosides, is inadmissible in evidence until the capacity of the notary who takes it is? duly shown in the mode provided by law. The certificate of the county clerk of the county, where the notary resides, is not sufficient attestation of his capacity as notary to authorize the courts of Louisiana to receive the testimony taken under a commission which does not name the commissioner.</p>

<p>Kotos, given "by the Police Jury without an ordinance of that body authorizing their issue,, impose no legal obligation on the parish to redeem them.</p> <p>An ordinance of the Police Jury, passed subsequent to the issuing of notes, authorizing their issue, will not render valid those notes which were issued without the authority of the ordinance and before it was passed.</p> <p>tTnder the act of 1853, the Police Juries are prohibited from contracting a debt against the parish they represent without providing in the same ordinance for the payment of the> principal of the debt so contracted. Therefore, the notes authorized to be issued by ordinance of the Police Jury, can not be enforced against the parish, if the ordinance' that authorizes their issue, does not provide the means for paying the principal an& interest on such notes.</p>

<p>2<To judgment can bo legally rendered against the wife on interrogatories that have been served on ber as garnish.ee, until she has been authorized by her husband or the judge to '■appear and make answer to the interrogatorios. A judgment taken against her, pro confessis, without hoc being properly authorized, is null.</p>

<p>An injunction will not lio to stay the execution of a judgment on the allegation that the judgment has been novated by giving a note, if the evidence shows that tlio note was placed in the hands of the judgment creditor before the judgment was obtained and that the judgment oroditor has offered to. return it before execution was ordered. In such a-case, the injunction will ho dissolved, with damages against the plaintiff in inianction and his surety on the bond in solido.</p>

<p>APPEAL from tire Nintb District Court, parish of Natchitoches.</p>

<p>APPEAL from the Ninth District Court, parish of Kapides.</p>

<p>APPEAL from the Seventh District Court, parish of Avoyelles.</p>

<p>Parol evidence is inadmissible to prove an agent’s authority to soil immovables. Buildings and other constructions attached to the soil are immovables by tlioir nature. O. C. 464. (Therefore, in a suit to cause the return of a building that has been demolished and removed, parol evidence -will not be admitted to show authority in the agent of the owner to sell, nor to show a sale from the agent.</p>

<p>A married woman is not personally liable on a note executed in solido with ber husband, when at the time of Its execution a community of acquets existed between her and her husband and the latter had the exclusive administration of her paraphernal property.</p> <p>Where there is a community of acquets, and the husband has the exclusive administration of the paraphernal property of tho wife, purchases made during the marriage fall into-tho community, and debts contracted, whether by tho husband or the wife, are community debts, and must be discharged by the husband.</p>

<p>APPEAL from the Ninth District Court, parish of Natchitoches.</p>

<p>APPEAL from the Parish Court of East Feliciana.</p>

<p>APPEAL from tho Ninth District Court, parish of Natchitoches.</p>

<p>An affidavit, though legal in form, is void if it bo shown that the affiant was not sworn by an officer competent to administer oaths.</p> <p>If it be shown that the party claiming the injunction was not present and did not take the oath, as certified by the clerk who issued tlio writ, it will be dissolved and set aside, because no affidavit lias boon made, as required by law.</p>

<p>APPEAL from the Pifth District Court, parish of West Baton Rouge.</p>

<p>A. testamentary executor can not sue for tlie nullity of a sale of real property, made by tbe testator, on the ground that the sale is fraudulent and simulated and made for the purpose of defrauding the creditors of the deceased. The testamentary executor only stands in the place of, and represents, the testator; he can, therefore, bring no action; nor stand in judgment in any case where the testator, if alive, could not.</p>

<p>APPEAL from the Seventh District Court, parish of Pointe Coupée.</p>

<p>The Supremo Court will not examine the question whether the act of 1858, authorizing the appointment of experts to determine the damages in certain cases, is in conflict with articles ten and seventy-three of the Constitution, which provide that the judicial power of the State shall be vested in certain courts and justices of the peace, if such objection be only urged in the answer, and the report of the experts is allowed to go before the court on the trial without objection. If the experts could not be judges on account of the sole judicial power being lodged elsewhere, still they might be witnesses, and their report, when received on the trial without objection, is entitled to consideration as-evidence in the case,</p>

<p>Citation of appeal must be served on the appellee, if be resides in tlie State. C. 3?. 582. Tbe appellee who resides in tlie State, cannot bemad© a party to the appeal by service of citation on the attorney.</p>

<p>'Tlie judgment rendered in the court below, without the question of jurisdiction having been raised, is no bar to the action of nullity before the same court for the want of jurisdiction. Hor can the dismissal of the appeal by the Supreme Court for want of jurisdiction be urged as res judicata, against the action of nullity in the lower court for want of jurisdiction there.</p>

<p>If the ploa of prescription be made for the first time in the appellate court and the record-shows no interruption, the cause will be remanded, on the suggestion of the appellee, with instructions to the judge a quo to try the question whether there has been any interruption or suspension of prescription.</p> <p>A clause in the judgment of the court below, which has been confirmed on default, granting* a stay of execution for one year, does not debar the defendant and appellant from urging the plea of proscription in the appellate court.</p>

<p>APPEAL from the Fifth District Court, parish of West Baton Rouge.</p>

<p>APPEAL from the Thirteenth District Court, parish of Tensas..</p>

<p>An interlocutory decree, ordering interrogatories against a garnishee in an attachment suit to bo taken for confessod, is not appealable until final judgment has been pronounced in tho main action. A writ of mandamus will not, therefore, issue from the Supreme Court, directing the Judge a quo to grant an appeal from such interlocutory order.</p>

<p>APPEAL from the. Fourth Judicial District, parish of St. Charles.</p>

<p>Tlip. written acceptance "by a person appointed "by tlie court as curator ad hoc in a suit brought against an absentee, in the absence of a citation served upon him or any appearance by him in the proceedings, will not serve to interrupt the current of prescription.</p>

<p>APPEAL from the Seventh District Court, parish of Pointe Coupée..</p>

<p>A notary public wlio lias made a protest of a promissory note and given due notice thereof to the indorser, can not be permitted, in a suit to enforce payment against the indorser, to contradict or vary what lie has certified to in the act of protest.</p>

<p>The insured is bound by all tlie conditions and restrictions clearly written or printed in tlie body of tlie policy. Therefore, if he has kept certain combustibles and inflammable oils stored in tlie building insured, which were specially excepted from risk by the insurers, and fire occurs, ho can not recover the amount, or any portion of tho insurance from the •company. In such a case, the insured will not be permitted to urge that the exceptions were not specially pointed out to him at the time the insurance was effected, nor will the fact that such exceptions are unusual among the insurance companies in the city of Hew Orleans, avail him. Having accepted and taken possession of the policy, he is presumod to be familiar with all its clauses and provisions.</p>

<p>APPEAL from the Second District Court, parish of Jefferson.</p>

<p>To enable a defendant to recover damages for tbe non-completion of a job of repairing a team boiler within the time specified in the contract, it must be shown by defendant that the fault was with the plaintiff. If the evidence shows that the delay was unavoidable, and that the plaintiff made the defendant acquainted with the causes of the delay, no damages can be recovered on account thereof.</p>

<p>A bond taken by tbe sheriff, under an order of the court, for the release of property under-seizure, must contain all the formalities required for the execution of judicial bonds. If' defective in this respect, it is not binding on the sureties. Therefore, if a bond of release of property under seizure be not signed by the principal but be only signed by the sureties, it is not binding on the principal nor the sureties.</p>

<p>Tlie'exception to the capacity of the plaintiff to stand in judgment must be pleaded in limine litis. If only made at the time the answer is filed and the defendant goes to trial without requiring a decision thereon, it mil be presumed to have boon waived, and will not bo considered thereafter.</p> <p>A party defendant, having admitted in the record in the court below that the plaintiff had established a portion of his demand, can not bo allowed to question its correctness on appeal.</p>

<p>The act of the General Assembly of 1865, No. 52, granting to certain individuals named therein the right to cut a canal through the territory of the State of Louisiana and to use the lands contiguous thereto for the term during which the canal is to be enjoyed by the grantees, after which the lands are to revert to the State, is not a giving of State aid | within the meaning of article 112 of the Constitution of 1864» Nor is the right given the grantees by the act No. 52 of 1865 to acquire the lands drainod by the canal, a giving of State aid. This latter clause, conferring on the grantees the right to acquire the lands drained by the canal, only confers a pre-emption or preference on the grantees over other ' persons to acquire certain lands. This act does not, therefore, violate article 112 of the Constitution of 1864, which was in force at the time it was passed.</p> <p>The act of 1865, No. 52, while it confers certain rights and privileges on the individuals named, does not constitute them a judicial person. It is not, therefore, in violation oí article 121 of the Constitution of 1864, which prohibits the Legislature from creating a corporation.</p> <p>This act does not violate article 127 of the Constitution of 1864, which declares that the swam}) lands granted by Congress to the State to aid in levying and draining them, otc., shall not bo divertod from the purposes for which they were grantod, because it contains nothing which would indicate a purpose to violate this provision. It simply gives the grantees the right of pre-emption and fixes the price, and gives to them, on condition that they shall cut the canal within a given time, a term of credit. It directs that the proceeds arising from the sale, when due, shall be paid into the treasury, where the presumption is that they will bo applied for the purposes for which the donation by Congress was made.</p> <p>filio proclamation of the President of the United States, dated twentieth of August, 1866, declaring that peace existed throughout the United States, is the period at which the late war between tlio United States and the so called Confederate States terminated. There- ¶ fore the work of cutting a canal through the territory of Louisiana, as authorized by the 1 act No. 52, of 1865, which was required by said act to be commenced within four months from the termination of the war which was then going on, .was commenced within the time required, if commenced within four months from and after the date of twentieth of August, I860.</p> <p>The State, through the action of her Legislature having thrown obstacles in the way of the completion of the canal which she had authorized certain individuals to construct, can not be permitted to claim a forfeiture of the grant on account of the non-completion within the time.</p> <p>The Legislature can pass no law which impairs the obligations of a contract. The power and right of interpreting laws belong to the judiciary alone. Therefore, an act of the General Assembly which assumes to judge when an obligation has been violated or when a right or franchise has been forfeited, is absolutely null, because the Legislature has no power to pass such an act or to sit in judgment in such a case.</p>

<p>APPEAL from the Seventh District Court, parish of Avoyelles.</p>

<p>An administrator who lias admitted, the correctness of debts against the succession he represents, will not afterward, on the trial of opposition to tho tableaux he has filed, bo permitted to allego or show, either in his individual capacity or as tho representative oi the succession, that the debts which he has admitted, aro incorrect. Therefore his answer to oppositions filed by the creditors, in which he asks an amendment of the tableaux on the ground that claims which he has admitted to be correct-, are incorrect, should not, be permitted to be filed in the record:</p> <p>All successions must he oponed and settled in the parish courts.- Therefore, if an account and tableaux, made out and filed by tho administrator in tho parish court, be opposed by the creditors, such oppositions can only bo disposed of by the parish court, irrespective of tho amount involved.</p>

<p>Movables, acquired subsequent to the dissolution of the marriage by the surviving spouse, do not constitute a part of the community. Therefore, if the survivor has sold a plantation and conveyed with it all the movables and fixtures belonging to the community, the vendor or his assignee may recover from the vendee all the movables expressly reserved in the act of sale, as not constituting a joart or portion of the community, on showing that-they have been acquired since its dissolution.</p>

<p>APPEAL from the Fifth Judicial District, parish of East Baton Rouge.</p>

<p>APPEAL from tbe Niutli District Court, parish of Rapides.</p>

<p>APPEAL from Fifth Judicial District, parish of Iberville.</p>

<p>The same person can not be tlio agent of two parties in the same transaction, when tbei^ interests are conflicting nor when the agent has a personal interest in the transaction adverse to either of them. Therefore, if a party has signed an obligation as surety for another, who afterward dies before its payment, and the surety becomes the administrator of his estate under appointment by the court, and by an agreement with tho heirs ho is appointed to compromise and pay the debts of the succession, such person, holding representative positions of different parties who have opposing interests in tho succession, can not represent them both in a compromise with one of tho creditors of tho succession he represents.</p> <p>The transferreo of a judgment against a succession, who holds it by virtue of a transfer made by the agent of the heirs and administrator of the estate, which said agent acquired the judgment by compromise with tbe creditor, can only recover from tlio succession, on such judgment, the amount which the agent and administrator paid the judgment creditor for it.</p>

<p>It is not necessary that tlie answer, setting up the plea of payment, should specify tlio amount paid and every circumstance of the time and place of payment. Therefore evidence is admissible under the general allegation of payment to show the amount paid and the time and circumstances of the payment.</p>

<p>APPEAL from the Paxish Court, parish of Madison.</p>

<p>A notarial act executed by tbe wife, whereby she agrees to postpone the rank of her mortgage on the property of her husband to that of a creditor, is null and of no effect as against her, if the evidence shows that she signed it under threats made "by her husband.</p> <p>In a case like this, where a creditor is seeking to enforce a subsequent mortgage on the ground that the wife, who holds the prior mortgage, has postponed her preference to him, it is incumbent on the creditor to show that the postponement was her own voluntary act. The fact that no threats were heard by the notary at the time of signing tlio act of postponement of the wife’s mortgage to that of the creditor, does not impair or weaken the statements of the wife that she was compelled to sign the act under throats of her husband that ho would drive her off the place if slio did not sign it.</p>

<p>APPEAL from the Ninth Judicial District, parish of Rapides.</p>

<p>A. mortgage is not prescribed so long as the primary obligation is in force, notwithstanding it lias not been reinscribed witliin ten years.</p> <p>A. private agreement between the maker of a note in favor of the wife of another and her husband to the eifecfc that her husband, as the agent of his wife, was authorized to receive payment of the note, is inadmissible in evidence on the trial of a suit to enforce payment of the note.</p> <p>hfor is the evidence of a witness that he paid one thousand dollars, by direction of the maker of the note, to the husband, as the agent of liis wife, admissible on the trial of a suit by the wife to recover the amount of the note as her separate property, because, if admitted, it would not prove that the husband was authorized to receive the money for his wife, and therefore, if the payment to the husband were proved, it would, not prove that it inured to the benefit of the wife who was seeking to enforce the payment of her . separate claim.</p>

<p>APPEAL from the Ninth Judicial District, iiarish of Rapides.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>Privileges in favor of tbe furnisher of supplies to a plantation spring only from the law that-confers them. They can not be the subject of contract. An acknowledgment of the administrator that the creditor has a privilege on the crop made hy the estate which lie is administering can not, therefore, he recognized as conferring alien on the cotton made on the place, unless it be shown that lie, tlie creditor, has furnished the supplies to-make it,</p>

<p>A promissory note that has not boon properly stamped with the required amount of internal revenue stamps can not be admitted in evidence on the trial of the case, nor can the judge who is presiding authorize the plaintiff to stamp it in his presence. In such a case the note must be stamped by the revenue collector of the district, and the fine must be either paid or remitted by the collector before the note can bo received in evidence. 14 U. S. Statutes at Largo, page 1.</p>

<p>APPEAL from the Fifth District Court, parish of Iberville.</p>

<p>A proposition of tiie executor to pay a note against tiie succession lie represents "before it is proscribed, if tiie holder will throw off the interest, is sufficient to interrupt the current of prescription.</p>

<p>APPEAL from the Seventb District Court, parish of West Feliciana.</p>

<p>If the answers of the garnishee to interrogatories are sufficiently clear and comprehensive to • inform the plaintiff of the facts of the case, they will not be overruled in the appellate court on the suggestion of counsel that they are evasive, especially if no motion has been made in the court a qua to have them taken as confessed.</p> <p>The exception to the capacity of the plaintiff must be pleaded in Ivniine lites. If the defendant goes to trial on the general issue, it is too late to urge the exception of the capacity of the plaintiff or of the intervenor to stand in judgment.</p>

<p>APPEAL from the Ninth Judicial District, parish of Rapides..</p>

<p>Tn an appeal taken from a judgment dissolving an injunction without damages, the surety-on the injunction bond having no interest in the appeal is not a necessary party thereto; • therefore, the appeal will not be dismissed because the security on the bond is not made a party.</p> <p>If the thing sold is allowed to romain in the possession of the vendor, the presumption is-that the sale is simulated; and, as against third parties, this presumption must be overcome by proof. Therefore, if the evidence shows, as in this case, that the vendor still retained possession of the plantation sold, and that the vendee was without the means at ■ the time of the sale to make the purchase, as set forth in the title, which was placed on record, and also that she had knowledge of the mortgages upon it at the time, the mortgage creditor may be allowed to seize and sell the property without resorting to a-. direct action to annul the sale.</p>

<p>A mortgage that has not been reinscribed within ten years frojn the date of first inscription^ loses its rank as a mortgage, and the subsequent mortgages on the same property that have not been perempted take rank from their respective dates of registry. 21 An. 204, 427 ; 22 An. 402.</p> <p>Tn líe matter of construing and interpreting the statutes of the State respecting the titles-to and the liens on real property, the rule is well settled that the courts of the United States will give to such statutes the interpretation which they have received by the State courts. The State courts of Louisiana will not, therefore, bo bound by a decision of the Supreme Court of the United States on a question of the registry of a mortgage, under a statute of the State, when such decision is adverse to the construction given to such statute by the State courts.</p>

<p>Tlie appeal will be dismissed if taken from a judgment that is not signed by the judge, notwithstanding the parties have filed a written consont thereto, because no appeal will lie from a judgment until it is signed by the judge, and the consent of the parties will not cure this omission.</p>

<p>APPEAL from the Third District Court, parish of Orleans.</p>

<p>To enable a party to recover damages for injuries caused him by a collision with, a street car* lie must show tliat he exercised a reasonable degree of pruclonco aud caution in endeavoring to avoid the accident. If, on the contrary, the evidence shows that the person injured by such a collison, while the car was in motion on the tract, failed to exercise a reasonable degree of prudence, which if he had done the accident would not have occurred, he can not recover damages from the company for the injuries received, either to his-person or his property, even though the driver of the car he himself at fault.</p>

<p>APPEAL from tbe Fiftli Judicial District, parish of East Feliciana.</p>

<p>APPEAL from Eighth District Court, parish of Orleans.</p>

<p>APPEAL from tlie Fifth District Court, parish of Iberville.</p>

<p>AH privileges in favor of merchants for supplies furnished to a planter, to have effect against-third persons, must he recorded in the boot of mortgages and privileges in the mortgage office of the parish where the property to be affected is situated. Constitution, art. 123-</p>

<p>APPEAL from Third District Court, parish of Orleans.</p>

<p>The law does not require that the acceptance of a contract must he expressed on its face, nor is it essential that the act be signed by the party in whose favor it is made. The acceptance may result from his acts in availing himself of its stipulations or in doing some act which indicates his acceptance.</p>

<p>APPEAL from the Ninth District Court, parish of Natchitoches.</p>

<p>APPEAL from the Ninth District Court, parish of Sabine.</p>

<p>An agent’s aiitbority to sign a promissory note for Ms principal must be express and special,, and on tba trial of tbe caso under tbe general issue the burden of showing tbe agent’s, authority to siga the note falls on the holder.</p>

<p>APPEAL from the Thirteenth Judicial District, parish of Madison.</p>

<p>APPEAL from the Fifth District Court, parish of Iberville.</p>

<p>Application for a Writ of Prohibition.</p>

<p>Injuries done to one’s feelings by slanderous words used toward him by another in public, such as “thief and rascal,” furnish legitimate ground for an action in damages, and the amount of damages will be measured by the aggravated character of the language used. 17 An. 64; 19 An. 322.</p>

<p>Defendant owed plaintiff $8008. To secure this debt he sold to plaintiff three-fourths of his plantation, and gave liis throe notos, each for one-third of tho debt, due at one, two and three years, with a stipulation in tho agreement that if the debtor should promptly pay the notes at their maturity, the land was, to revert to him again; but if he failed to pay the notes at maturity, then the right to recover back the plantation or tho portion he had tints disposed of was forfeited. Held —That this transaction was a sale with tho right of redemption, and not a mortgage given by the debtor to secure the debt.</p>

<p>APPEAL from the Fifth Judicial District Court, parish of West Baton Rouge.</p>

<p>A privilege given by private contract confers no preference over a mortgage on the same • property, if it is not recorded in the parish where the property is situated on the same day on which the act or other evidence of the debt was made. C. C. 1870,3274.</p>

<p>A judgment creditor who has caused the seizure of a plantation can not "be required to-release his seizure because an injunction has been granted against the sale of one undivided half of the place. In such a case he may cause the other undivided half, not enjoined, to be sold, and if the sale is to be made with benefit of appraisement, the one-half of the estimated value of the entire property is the proper basis on which the sale should be made. If the sale be made in this way the sheriff, on refusal, will be compelled by mandamus to make formal title to the one undivided half thus sold and put the purchaser in possession thereof.</p>

<p>A contraot to remove slaves and other property to Texas and take care of them, during the late war and before emancipation, by the sovereign power, the United States, was legal at the time it was made, and is, therefore, binding on. the parties by and between whom it was made.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>Tlie parish court lias exclusive original jurisdiction in tlie matter of receiving proof of last wills and. testaments. Therefore, if the validity of a will lie attacked on the ground of mental unsoundness of the testator at the time it purports to have boon made, the parish court has exclusive jurisdiction to try the issue.</p>

<p>APPEAL from the Ninth Judicial District Court, parish of Natchitoches.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>Several appeals from different judgments, rendered in tlie settlement of a succession, may be cumulated in one record, if all the parties interested enter into an agreement to that effect. In such a case, if the bonds given in such case are sufficiently identified with the judgments from which appeals have been granted, and the respective amounts correspond with the amounts fixed hy the order of the court in each case, and be signed by the proper parties, the appeals will not he dismissed for irregularity.</p> <p>A judgment homologating an administrator’s account and tableaux, before the lapse of ten days alter citation, is a nullity.</p> <p>By a sale of succession property, mortgages existing thereon become transferred to the proceeds of the sale, and the purchaser of the property may have the mortgages erased from the records of the mortgage office hy rule to that effect on the recorder of mortgages.</p> <p>A judgment recognizing the widow as legatee under the will, must conform to those provisions in the will which award the legacy.</p>

<p>APPEAL from Fourth District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>An appeal will lie from an. interlocutory decree dismissing a rule taken to dissolve an injunction wliicli has been grantod to stay proceedings by executory process, if the petition for injunction puts at issue the validity and correctness of the order of seizure itself. In. such a case an irreparable injury might follow, and an appeal will therefore lie.</p> <p>If the act of mortgage has been partially destroyed by fire, by the destruction by fire of the office of the notary who was the custodian thereof, but the original document is sufficiently preserved so that its purport and extent is easily comprehended, words used by the notary in his certificate explaining how certain defects occurred will not so change its character from that of an authentic document to that of an act under private signature that the judge can not issue executory process thereon.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>"Wliero tli© record shows that the plea of prescription was filed in the court below after the case had been argued and submitted to the judge, and the judgment of the court maintains the plea, the judgment will be annulled on appeal, and the case will be remanded to be proceeded with according to law. The rules of practice are well settled that all pleas of whatever description must be made before the case is submitted for decision.</p>

<p>The charter of the late City of Jefferson required a petition signed hy the owners of one-fourtli of the land on the entire length of the street to authorize the Council to cause-a banquette to he constructed thereon, and to impose the burdens thereof on the front proprietors. Under this statute it was held that if the Council gave out a contract for* banquetting a portion of the street, on the basis that more than one-fourth of the land owned by the proprietors on the part of the street which was improved had petitioned the Council therefor, that then and in that case the front proprietors of the part of the street so improved could not be compelled to contribute to the expense thereof, because-the contract had been given out by the Council in violation of law.</p>

<p>Appeal from the Third District Court, parish of Orleans.</p>

<p>Appeal from the Parish Court of Iberville.</p>

<p>la this case, the evidence shows that plaintiff kept a hank account with defendant; that the book-keeper of plaintiff kept the cash account, made the deposits, etc., and that his rela•tion toward plaintiff were well understood in the bank; that the book-keeper of plaintiff •drew a check on the bank for $2500, to which he forged plaintiff’s signature, which was nn amount above the account to the credit of plaintiff in the bank; that notice was given by the bank that plaintiff had overdrawn his account, who, on being shown the check for •$2500, said he had not signed it, but did not say that it was a forgery. On seeing his bookkeeper, he reported back to the bank that it was all right. Subsequently the book-keeper drew another check on the bank for $1700, and again forged the signature of the plaintiff thereto, which the bank paid on presentation. On discovering the second forgery by the hook-keeper, six months after the first, plaintiff denounced the act.</p> <p>Held — That the act of the plaintiff, in ratifying the first act of forgery made by his bookkeeper, exonerated the bank from all liability for having paid it; that his afterward keeping the book-keeper in his confidential employ misled the hank and threw it off its guard; that, having approved and ratified the first forgqry, the hank was excused for paying subsequent checks similarly drawn; that the plaintiff had by his own acts caused the injury, and he must therefore hear the loss.</p>

<p>Notes that have "been given by tho different partners in settlement of a partnership, which have fallen into third hands after maturity, can only be enforced against tbe makers thereof to tho extent to which each member bo found to be indebted to the partnership. In such a case the third holders, after maturity, acquired no greater rights to the-notes in their possession than the partnership itself would have had, had they remained in the possession of its agent for final settlement.</p>

<p>, The steamboat Mars took on board at Hew Orleans, in 1861, a cargo of sugar consigned to Babbitt, Goode & Co., at Cincinnati, Ohio. The sugar was insured in favor of the consignees in the office of the Sun Mutual Insurance Company of Hew Orleans. "When opposite the town of Helena, on the Mississippi river, the boat was fired at by a cannon shot and brought to the bank; a mob took possession of the boat and cargo of sugar, which became a total loss to the owners. The insurance company resist the p ayment of the policy on the grounds:</p> <p>■¿First — That the owners of the cargo not having made an abandonment and the cargo not having been an immediate total loss, they were not entitled to recover on that account. Held — That so Jar as the owners were concerned, from the moment the sugar was taken possession of by the mob, it became a total loss to them, and no act of abandonment on their part was necessary to entitle them to recover on the policy.</p> <p>. Second — That the taking of the sugar at Helena was a capture or detention by the enemies of the United States, and that such capture or detention was not among the perils insured against. Held — That it having been established by the testimony that the persons at Helena who took forcible possession of the sugar were not acting under any legally constituted authority of any State or government whatever, but were acting simply as a mob, the underwriters could not avail themselves of this dofense to escape liability under this state of facts.</p> <p>Third — That the underwriters were not liable because the taking of the sugar, under the circumstances, is not included in either the special or general words of the peril clause of the policy. The perils are as follows: “ Of the rivers, fires, rovers, assailing thieves and all other perils and losses and misfortunes that have or shall come to the hurt, detriment or damage of the said* goods and merchandise or any part thereof by reason •of the dangers of the river.” Held — That the taking of the sugar by the mob at Helena was covered by the general terms of the .peril clause in the x>olicy; that while the mob at Helena could not properly be 'classed as assailing thioves, because the evidence did not establish that it was done animo furandi, yet the acts were of such a character that, if not reducible from the special words of the policy, they were clearly included within the general words at the end of the peril clause.</p>

<p>Appeal from the Nintli Judicial District Court, parish of Natchitoches.</p>

<p>In a suit hy the -wife vrho has been separated in property from her husband and authorized to administer her own affairs, by way of third opposition against the creditors of her husband, who have seized the crop as the property of her husband, it is incumbent upon her to establish the validity of her judgment of separation. If she show, in answer to tlie objection that her judgment is invalid because her husband was solvent and had ample means to satisfy her demands after paying all his liabilities at the time her suit ■was brought, that his affairs were in a disordered and embarrassed condition, and that, after paying his debts he would have nothing left with which to satisfy her claims, then she will bo held to have had the right to institute and prosecute her suit for a separation of property. If she show, in answer to the objection that her judgment of separation is null because she has not made proper efforts to enforce it, that she has caused repeated executions to issue thereon, and has realized but a small portion thereof which has been credited on the judgment, that in addition to her proceedings by execution, she has taken in part payment, at a fair price, certain lots of ground belonging to her husband, which have also been credited on the judgment, then she will be held to have made proper-efforts to enforce payment, and her judgment of separation of property will not be held to be void on that account.</p> <p>The wife having established the validity of her claim, her right to institute and prose* cute her suit for a separation, and having shown that she has made every possible effort to enforce her judgment, and having shown also that a large portion of the real estate belonged to and constituted her separate estate before her marriage, she must be held to be entitled to administer it, and to enjoy in her own right the crops made after-the rendition of her judgment of separation of property from her husband.</p>

<p>Appeal from the Thirteenth Judicial District Court, parish, of Madison.</p>

<p>Appeal from the-First District Court, parish of Orleans.</p>

<p>Appeal from the Seventh Judicial District Court, parish of Avoyelles.</p>

<p>Tlie proceeding authorized by act jNo. 69, of 1869, against a parish, to compel the properly constituted authorities to levy and collect a tax to pay tor work that has been done for the parish, under contract with the police jury, is a proceeding in the nature of a man* damus to compel tho officers of tho parish to do what is required of them by law. . The statute does not imposo upon the court the burden of levying a tax, but simply authorizes-it to render judgment for the amount found to be due, and to order the proper authorities to levy and collect tho tax necessary for its payment. The act is not therefore obnoxious-to the provisions of tho Constitution on the subject of taxation.</p>

<p>-A sale of real property belonging to a succession, under a decree of a competent court, will not be held to be an absolute nullity on account of irregularities in the mortuary proceedings which load to the granting the order. In such a case the claimant under au adverse title must first cause the sale to be annulled by direct action. ID An. 353.</p>

<p>Appeal from the Third District Court, parish of Orleans.</p>

<p>Appeal from the Fifth District Court, parish of Orleans.</p>

<p>The act of the twenty-second of December, 1865, giving to every bead of a family the right, to bold exempt from seizure by bis creditors one hundred and sixty acres of land and ' other personal effects as a homestead does not apply to succession property. Therefore, if such prQperty has passed into the succession, it may be sold for the payment of the debts thereof, notwithstanding this statute.</p>

<p>Appeal from the Thirteenth Judicial District Court, parish of Madison.</p>

<p>A surrender by an insolvent and tbe acceptance of tlie cession, vests the title to tlie property surrendered in tlie creditors. Tlie insolvent can not, therefore, after the surrender is made, set up any claim to the property surrendered, founded on the charge that the property surrendered lias boon fraudulently sold or disposed of by the syndic of the creditors. The insolvent, having parted with all interest in the property by the surrender, can not be hoard to complain of the illegal, fraudulent or simulated sale thereof by the syndic. He can not, therefore, maintain an action for the property which he has surrendered, against the purchaser at syndic’s sale, on the ground that the sale made by the syndic was simulated, because if the sale by the syndic be shown to be simulated and null, that nullity would not inure to the benefit of the insolvent.</p>

<p>A prior mortgage creditor wbo bolds a mortgage which contains the pact de non alienando, may pursue the property in the hands of a third holder without resorting to the dilatory proceeding by an hypothecary action. Therefore, if the junior mortgage creditor has caused the property to be sold, and it fails to bring an amount sufficient to pay tbe prior mortgage, then tho prior mort-gageor, whose mortgage contains tlio pact de non alienando, may proceed by executory process against tho property mortgaged in tho hands of the third possessor without resorting to tho hypothecary action.</p>

<p>A leased a plantation in the parisli of Concordia to B for a fixed amount as the rent for one year. In the month, of May tho lessee sold to a third party all the work animals, curts, plantation supplies, etc. In the month of June following, tho lessor caused them 1> bo provisionally seized on affidavit showing that tho third purchaser was about to remove them off the place, and defeat liis- lien thereon lor tho payment of tho rent. Tho third party, who had purchased tho property from the lessee after the lease had been given, intervened, and claimed the ownership of tho personal property which had boon seized at tho suit of the lessor.</p> <p>Held — That the privilege of tho lessor for the payment of the rent having attached to the work animals, agricultural implements, etc., before tho sale by tho lessee to the intervenor, ho could not, although lie was the owner, defeat the seizure; further, that it not being made out clearly that tho sale was genuine and that tho intervenor was tho real -owner of the property, ho could not be adjudged to be entitled to tho residpum after paying the lien thereon.</p>

<p>Appeal from tho Fourth Judicial District Court, parish of Ascension.</p>

<p>Appeal from the Eighth District Court, parish of Orleans.</p>

<p>"What a deceased witness testified on a former trial in a criminal ease may be proved oy a witness wlio was present and hoard the deceased witness testify. The witness giving evidence of what the deceased witness testified to on a former trial must, however, give his evidence from his own recollection. If tlio witness who heard the deceased witness testify on the former trial be the attorney of the accused on both trials, the State, nevertheless, has the right to have his testimony on this point, his recollection of all the important facts testified to by the deceased witness in favor of his client beinff presumed.</p>

<p>The charge of ten cents per halo for •weighing and inspocting each bale of hay brought to the port of 2s ew Orleans for sale, imposed by the acts of the General Assembly of 1867 and 1868, without reference to the State or place where the hay is made, is not a regulation of commerce between tlio States which is prohibited to the States by article one of tlio Constitution of the United States. Uor, secondly, does this statute lay any impost or duty on imports or exports. It being, therefore, neither a regulation of commcrco between the States, nor an impost nor duty on imports or exports, it is valid, notwithstanding the amount heroin imposed may not be absolutely necessary for the enforcement of the inspection laws of the State.</p>

<p>"Where a sale lias "been made "by order of the probate court of the property of a succession-for the purpose of affecting- a partition among the heirs, and the administrator files his account of the partition, -which is duly homologated by tho judge, a subsequent suit for-partition will not be entertained, because tho title to the property constituting the succession passes by the sale to the purchasers, and can not afterward be returned to tho succession to be again administered upon. The judgment of the court homologating tho administrator’s account of partition is res judicata.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>Appeal from the Nintli Judicial District Court, parish of Carroll.</p>

<p>Appeal from the Eighth District Court, parish of Orleans.</p>

<p>Appeal from tlie Seventh. Judicial District Court, parish of Pointe Coupée.</p>

<p>A contractor, wlio repairs or reconstructs a building wliereby the land or lot of ground on which it stands, is enhanced in value, has the same lion and privilege on the buiLding, which the law accords to a contractor on a no w building. "Whore, therefore, the vendor seeks to enforce his lion on the lot of ground for an unpaid portion of the price, the contractor who has made repairs on, and reconstructed the buildings thereon since the sale, may cause a separate appraisement of the buildings from that of the land to be made, and enforce his lien on the buildings, which is superior to that of the vendor’s lion on that part of the valuation which is estimated to be in the buildings.</p>

<p>The act of the General Assembly of 1841, amending article 3214 of the Civil Code and giving to the consignee, commission agent and factor a privilege and preference over the. attaching creditor on the goods consigned, is not repealed or modified by tlie act of hfarch 28,1867, amending article 3184 of the Civil Code, in relerence to privileges on certain movables.</p> <p>The fact that the consignor gives the consignee notice in writing at the time the goods are shipped that he intends to draw on him, does not impair, destroy or postpone tlie. privilege given by law on the goods shipped for any balance that may be previously due him. In this respect it makes no difference whether the indebtedness results from advances made on the goods shipped or not.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>If the appeal he granted on motion and tho bond he given in favor of the clerk, all persons having an interest are by law parties to the appeal. If, therefore, the executor has a right to appeal in any capacity, tho appeal taken by him will not be dismissed on motion of the legatees, who have not appealed, on the ground that the executor had no right to take au appeal for them.</p> <p>An executor who is directed to administer the estate in conformity to the dispositions of the will, has an appealable Interest from a judgment recognizing the rights of the survivor in community. The appeal taken by the executor from such judgment wall not, therefore, he dismissed for want of appealable interest.</p> <p>If a man who is domiciled and has his residence in Louisiana, marries a woman in a foreign country, without changing his residence or domicile, but continues to reside here, the property acquired subsequently to and during the marriage becomes community property, although the wife has never resided in tho State, because the domicile of the wife is that of the husband.</p>

<p>An application to tlie Supreme Court to oxtenel tho time fixed in the order of appeal hy the lower court is without effect il‘ not made within three judicial days after such return day. After the right of appeal has lapsed through the fault or negligence of the appellant, the Supremo Court can not legally take cognizance of the appeal.</p>

<p>Appeal from the Parish Court of Tangipahoa.</p>

<p>Appeal from the Sixth Judicial District Court, parish of Tangipahoa.</p> <p>On Motion to Dismiss Appeal.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>The vendee of a purchaser at sheriff sale, though expressly subrogated to all the rights and privileges acquired by his vendor under the sheriff sale, has no right of action against the recorder of mortgages for having given an imperfect and erroneous certificate, whereby his* vendor was induced to purchase property charged with incumbrances not made known at the time of the sale. The action for damages against the recorder for omitting to give a full and complete certificate of the incumbrances on the property to bo sold is a personal one, and can, therefore, only be exercised by the purchaser at sheriff sale.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>Appeal from the Fifth District Court, parish of Orleans.</p>

<p>Appeal from the Fifth Judicial District, parish of Iberville.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>A purchaser of properly sold, unilor an order of the court to affect a partition of community property between the surviving partner and the heirs, may be compelled to comply with , his hid, if the record shows that all the formalities required by law have boon complied with in making the sale.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>The act of tlie General Assembly approved March 4, 1871, which authorized the Hoard of Liquidators of the floating debt of the State to exchange a certain amount of bonds of the State for warrants on the State Treasury at a certain rate of discount, by limiting their power of exchange to a certain amount of bonds, vested in them, a discretion as to what warrants they would accept in exchange forth© bonds placed in tbeir bands for that purpose. Tlio writ of mandamus will not, therefore, lie to compel them to make a pro rata distribution of the bonds in. tbeir bands to the different creditors in proportion to the amount of warrants they may respectively hold. 22 An. 3X8, 6X1.</p> <p>The charges of bad faith against the Hoard of Liquidators can not be judicially inquired into in a proceeding by mandamus to compel thorn to do a particular thing.</p>

<p>Judgments of the Supreme Court, whether affirming or reversing the judgments appealed from, must he sent haolc to the inferior court for their execution. C. P. 915. The objection that the execution did not issue on the judgment of the Supreme Court, cannot therefore he urged by the defendant in execution. ,</p> <p>The objection by the defendant in execution that the property seized was not advertised in the official journal is without weight, if at the time of the advertisement there was no official journal in the parish. The fact that an official journal was selected before the day of sale, will not affect the validity of a sale which had been advertised according to* law before it was selected.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>A resident oi* Missouri during tlie late war between tlie United. States and. tlie so-called Confederate States, while Confederate notes were the only circulating medium ia Mew Orleans, shipped and consigned to merchants in the latter place a lot of corn to l>e sold. The corn was sold for Confederate money and advices given to the owner with return of sales, and the Confederate notes which had been received were forwarded in ldnd; but on account of military operations they failed to reach the plaintiff, who resided in .Missouri. On receiving notice of the result the consignor objected to the mode of transmission by tho agent in Mow Orleans, but made no objection as to tlie sale for Oonfod-. erato money. Mold — That having made special objection to the mode of transmission and not having made any as to the consideration or currency received for the price of the corn sold, lie must be considered as having ratified the sale and receipt of that hind of currency, and that ho can not now recover on the account of sales.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>Where an administratrix lias been appointed after a contest for the position, she is allowed ten days to execute her bond and qualify. The appointment of another party by the judge bofore the ten days has elapsed is therefore null and of no effect.</p>

<p>APPE AL from tho Fifth District Court, parish of Orleans.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from tlie Second District Court, parish of Orleans.</p>

<p>APPEAL from the Parish Court of Rapides.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>The evidence in this case shows that during the year 1862, while Confederate notes were the-only circulating currency in the Southern States, that B, a commission merchant in the city of New Orleans, had a lot of Confederate money in liis hands to the credit of A¿ that, at the request of A, B, the merchant, addressed a letter of credit to 0, the creditor* of A, authorizing him to draw for the amount of the indebtedness of A; that C did draw on B for a portion of the indebtedness of A, and received the amount in Confederate money. C, the creditor of A, now brings suit against B for the amount of the indebtedness of A, disregarding the transactions under the letter of credit whereby he had received a portion of his debt in Confederate money.</p> <p>Held — That under this state of facts B, the merchant, can only be considered as the agent of A to pass over the Confederate money in his hands belonging to A to his creditor, and ho can not, therefore, be hold liable to C on his assumpsit of the debt of A, which could only be discharged in lawful currency.</p>

<p>Where five parties own a tract of land in common, and all agree to sell and do sell and transfer it to one person, and the vendee gives Ms notes to each one for their respective «hares of the land, and all the vendors join in the sale in one act, in which act of sale it is expressly stipulated that a mortgage is retained on the whole property as security for • the payment of each one of the notes, and the vendee makes retrocession of four of the five shares of the tract of land to four- of the vendors, then, and in that case, the third holder, before maturity, of the notes given to the fifth vendor for one-fifth interest in the land may enforce his mortgage rights against the whole tract of land first conveyed without reference to the retrocession.</p> <p>If it be stipulated in a contract that in case the obligation is discharged in United States treasury notes, it shall be in the proportion of one dollar aud thirty cents in currency for every dollar expressed on the face of the obligation, the proper decree and judgment is to reserve to the maker of the notes the option to discharge the obligations in gold. A decree that the defendant be ordered to pay in currency with thirty per cent, additional is incorrect, bocause at the time of payment the price of gold might be less than thirty .per cent, premium. /</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>A judgment that lias been rendered on a citation, addressed to and served upon a partner of the defendant, in a partnership not alleged or shown to bo commercial, is an absolutonullity for want of citation. An hypothecary action to recover real estate incumbered-by a judicial mortgage resulting from the recording of such judgment, will, therefore, tail, because the judgment being absolutely null lor want of citation, tlio accessory obligation arising therefrom falls with it.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>A defendant who admits that ho owes a debt which he has failed to pay, can not be relieved rom the payment of the costs which the plaintiff has incurred in prosecuting his demand. In such a case, where no other defense is urged but that of the liability for costs, tho appellant will be condemned to pay damages tor frivolous appeal.</p>

<p>APPEAL from the Ninth Judicial Distript Court, parish of Natchitoches.</p>

<p>APPEAL from tlie Seventh. District Court, parish of Orleans.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>An executor or administrator lias no power to bind tlie estate by giving notes, signed officially, for debts contracted during tlie time of tbe administration. If, therefore, the administratrix give her notes in favor of a merchant for supplies furnished to carry on the plantation after the succession is opened, she may bo held personally liable thereon, but the estate she represents is not bound, because she has not the authority by virtue of her office of administratrix to contract such debts on behalf of the estate she represents. 21 An. 286.</p>

<p>APPEAL from the Fifth Judicial District Court, parish of East Baton Rouge.</p>

<p>Tlie sale "by an absentee of a part interest in a steamboat, to a resident of the State, will not defeat tlie right of attachment which the creditor had agaimst the boat for a debt which the absentee had contracted before the sale; the right of the creditor to the writ of attachment against the boat being in no wise impaired by a sale of a part thereof to a resident of the State, who was afterward taken into the firm as a commercial partner.</p>

<p>Jin act of sale of personal property, consisting of goods, wares and merchandise in a store,, in "block, without fixing a price or delivery, is null ns against a seizing creditor, and a third party, who claims to have purchased such goods beforo the seizure, who resorts to-the equitable remedy of injunction to stay the sale thereof on the ground of ownership in himself under his purchase, will be condemned to pay the highest rate of exemplary damages for his abuse of the equitable remedies which are given by the law to enable parties to protect themselves against unjust attacks.</p>

<p>A promise to sell a lot of cotton is void as against an innocent third purchaser, to whom it' was subsequently sold and delivered, if the price had not been paid and the cotton delivered before the second sale and delivery.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>A salo of a plantation by tlie husband to tbe wife whereby the wife, in payment, credits her judgment against her husband for a portion of the price and for tlie balance she assumes and obligatos herself to pay certain mortgages which her husband has placed on the plantation, is absolutely null and void, and conveys no title whatever to the wife, because tbe wife is prohibited, from assuming or contracting to pay tbe debts of her husband. G. C. 1790.</p> <p>In such a case the obligation of the seller is vitiated as well as that of the buyer, and the fact that a portion of the price of the place paid by tlie wife was permitted and was legal, will not render valid tbe sale so as to drive the mortgage creditors to the direct action of nullity.</p> <p>"The seizure and sale by the mortgage creditors of the husband can not, therefore, ho stayed by the writ of injunction taken out by the wife, founded on her ownership and title to the idantation as transferred to her by her husband.</p>

<p>Jn a. suit against the maker and indorser of a promissory note, the note of evidence of the clerk of the court below must show, in order to bind the indorser, that the certificate of notice to the indorser was offered separately from that of the note and protest. Therefore if the note of the evidence only shows that the note and protest were offered, the indorser can not be held, even though the certificate of notice be attached to the act of protest and the entire document be annexed to the petition. An indorser can only be bound by evidence offered at the trial to show his liability, and he is never in fault for not making objection to the reception of evidence until such testimony is offered as will fix his liability if unrebutted.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>Tb© burden of the taxes and charges on real estate falls on the lessor, and not on the lessee. If, therefore, the property is exempt from taxation in the hands of the lessor, no taxes can be imposed thereon against the lessee.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>The heir becomes seized of tlio succession by operation oi law from tbe moment that it is opened by the death of the ancestors, and before taking any steps to put himself in possession, or expressing a willingness to accept, and even though ignorant that the succession has been opened in liis favor. Prescription is therefore suspended by the fact of minority from the date that the succession falls to the heir until his majority.</p> <p>If the court has jurisdiction, the informalities prior to a decree of sale of succession property are cured, and the purchaser is protected against such irregularities. But if property be sold under such decree that belongs to another, and does not belong to the succession, then and in that case the owner of such property cannot be precluded from showing the facts and recovering his own.</p>

<p>TIi© defendant having admitted in the answer, that th© indorser was the owner of the note, can not in a suit by tbo holder, urge the defense that the signature oí the indorser is not proved, and that the holder can not therefore recover.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans."</p>

<p>Thb sale of property which has been seized by tho Marshal of the United States, under a. writ of fieri facias which has issued from the Circuit Court thereof, cannot be enjoined by a State court, on the allegation of a third party that the property seized belongs to-him, and is not that of the defendant in the suit under which the fi. fa. issued. In all cases of this kind the court which issued the original process by which the seizure was-made, has the exclusive right to determine its jurisdiction in tho ease.</p>

<p>Defendants obtained injunctions from the courts of Louisiana prohibiting all other persons* from selling Anchor oil in the State, predicated on the ground that the exclusivo right to sell said oil within the State, which has been patented under tlie patent laws of the United States, belonged to them. The injunctions wore dissolved on the ground that no-patent for the Anchor oil was shown.</p> <p>Held — That the defendants, who had enjoined the sale of a certain Mnd of oil within the limits of the State, on the allegation that they held the patent and exclusive right to sell such oil, and having failed on trial to show their exclusive right or the patent, they and their sureties on the injunction bonds were liable, in solido, for the damages caused by the illegal injunctions thus obtained.</p>

<p>Horses, mules, and other work animals, together with farming implements used on a plantation in making the crop and belonging to the lessee stand as a pledge to tho lessor for the-payment of tho rent. The pledge thus given and accorded to the lessor on tho team, implements, etc., used in making the crop need not bo recorded to give it effect. A different rule however, governs with regard to the privilege on the crop for advances made, and supplies famished to make it. In tho latter case, if tho lessor make advances and desires to preserve his privilege on tho crop and other property on tho place, ho must have the lease recorded, as required by law.</p>

<p>‘The holder of a promissory note who has acquired possession of the same before maturity as collateral security lor tho payment of a pre-existing debt, has the right to sue for and recover the whole amount thereof, notwithstanding tho equities that may exist between the maker and tlie original payee. In such a case the person holding the note as collateral security is placed upon the same footing as that of any other innocent third holder of negotiable paper before maturity.</p>

<p>APPEAL from the Parish Court of East Baton Rouge.</p>

<p>In the salo of tobacco or otter merchandise tlio lex loci contractus governs; therefore a contract of sale of a lot oí tobacco in New York to a merchant residing in New Orleans, will be construed with reference to the laws and customs of that place which govern and regulate such transactions-</p> <p>It being shown to bo the custom iu New York among tobacco merchants, to close a transaction of the sale of a lot of tabacco at once and without reclamation, and it being shown in this case that that custom was observed, and that the purchaser examined the tobacco itself before purchasing, and having given his written acceptance in payment thereof, he could not bo allowed thereafter to resist the payment of the draft given on the ground that the tobacco was unsound and worthless.</p>

<p>APPEAL from the Fourth District Court, parish oí Orleans.</p>

<p>APPEAL from the Ninth Judicial District Court, parish of Rapides.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>Ia a suit to recover the difference between, the price agreed upon for the sale of a lot of cotton and the price which it actually brought (the first sale having failed of completion), the vendor must show that he complied with every requisite and condition on his part, and that the cause of the failure to complete the first sale was attributable entirely to the vendee, failing in which he can not recover the difference from tho first vendee.</p>

<p>A motion to dismiss tho appeal for informalities in the appeal bond, comes too late if not. made within, three judicial days from the filing of the transcript.</p> <p>A document or paper shown to be partly written‘by the maker of a promissory note, in* which a proposition is made to compromise the note by selling and making title to a tract of land in payment thereof, must be held as renouncing prescription by the maker of tho note.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>‘This is a seizure of tlie cotton made on the plantation for the payment of rent stipulated in tlie lease. The lessee insists that there was an overflow of tlie plantation during that year and that there was a verbal agreement of subsequent date to that of the lease that, in case of an overflow, tlie lessee was nofc to pay any rent. The plaintiff showed tlie lease and also a settlement at or near the end of the year of all matters between the parties, except the payment of rent, in which nothing was said about the lessee’s not being required to pay rent in case of an overflow. The overflow was shown to be only partial and the crop nofc a total loss. On the other hand, it was shown by the testimony of the lessee, which was corroborated by two other witnesses, that, in case of an overflow, he was nofc to pay rent.</p> <p>Held — That these facts preponderated in favor of the lessor, who was claiming under the written leaso? that the settlement which was made and reduced to writing between the partios, which was corroborated by oral testimony, when taken in connection with the written lease, was stronger than tlie verbal agreement which the lessee contended was made that he was not to pay rent in case of an overflow.</p>

<p>If prescription has not been pleaded it will not be noticed by the court on suggestion in argument.</p> <p>If the appeal was taken for dday only, damages will be allowed the appellee as for frivolous appeal.</p>

<p>A protest of a foreign bill of exchange made by a foreign notary is admissible in the courts-of this State to establish presentment, demand and nonpayment, without proof of the-signature and capacity of the notary being made. But the act of the General Assembly of this State, which makes the certificate of notice by the notary competent evidence of such notice, only applies to notaries of this State^^Cherofore a certificate of notice by a foreign notary, attached to the protest of a foreign bill of exchange, is not sufficient proof in the courts of this State that the proper notice was given.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>"Where the evidence in the record in a suit for damages for the violation of a commutative contract makes it clear that the defendant is in fault and liable, the judgment of the court below awarding the damages will be affirmed on appeal.</p>

<p>If a railroad company undertakes tlie transportation of cotton, with the special exception of liability on account of loss by fire, and the cotton is destroyed by fire while on the route, and it be shown that the loss was not attributable to tho fault of tho company, then and in that case the owner can not recover the damages from the company which the loss of the cotton has caused him.</p>

<p>In a contract of pledge the pledgee has the right to dispose of tlie thing pledged iu payment of bis obligation at maturity, whether tho thing pledged belongs to the debtor or to a third party, who gave it as surety for the debtor. Tho contract of pledge is different from that of surety. In the former case a material thing is given in pledge as security for the debt, while in the latter case a person is given as security that the debt will be paid, and in tho latter case if the creditor give to the principal debtor an extension of time without giving notice to the surety, the surety thereby becomes discharged, which is not tho case where a thing has been given as a pledge that the debt should be paid.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>A purchaser of real property at forced sale can not be required to pay the back taxes which» have accrued and are standing against it of date prior to tlio sale. The sheriff has not-the right, therefore, to pay such taxes out of the purchase price, and thereby reduce the amount to be credited on the fieri facias to that extent.</p>

<p>A judgment rendered out of term time, on a rale taken against a surety on an appeal bond,. is null and void, although it be rendered in open court and signed by the judge while on • the bench,</p> <p>■ Under article 303 of the Code of Practice, an injunction will lie to restrain the enforcement of a judgment that is null and void because it was rendered in vacation or out of term time, and the injunction will continue pending the appeal from such judgment.</p> <p>As a general rule, an injunction ■will lie in all cases where the act complained of, if committed, would give rise to an action of damages,</p>

<p>A purchaser of property at judicial sale acquires an indefeasible title by complying with his hid. In case of an active violation of the contract of purchase by the purchaser, or in caso of open refusal to comply with his bid after demand., default is not necessary as a condition precedent to the action for the rescission of the sale and the recovery of damages. But if no demand has been made on the purchaser to comply with the terms of the sale, then, «and in that case a putting in default would seeni to be a condition precedent to recovery. *</p> <p>As a condition precedent to the action for the rescisión of contracts and the recovery of damages for the nonperformance of engagements, the putting of the party in mora is strictly required, and the default must he made certain.</p>

<p>The fact that the owner of a drug store permitted a party, who was employed therein as a-clerk, to manage its affairs for a share in the profits, to hold himself out to tho world as the owner thereof, did not give a judgment creditor of such clerk on a debt which originated before he had any connection with the store as a clerk, the right to seize and sell the store as the property of the clerk, in satisfaction of the judgment against him individually.</p> <p>Tho sheriff and seizing creditor are liable, in solido, in case the sheriff has seized and sold tho property of a third party, after being notified that such property was not that of tho judgment debtor,* and in fixing*'the amount of liability, the estimate * placed on tho property shortly before the seizure will be taken, as a basis, rather than the vague? appraisement made at the time of the sale.</p>

<p>APPLICATION for prohibition.</p>

<p>In this case tho evidence establishes that a small boy, eight years old, a son of the idaintiff, attempted, while the steam car was in motion, on the way from Hew Orleans to Carroll-ton, to jump from tho ground near tho track to the platform of the car; that he was thrown from the car to the track, and one of his legs cut entirely off by the wheel of tho car. It is further shown that shortly before the accident he was told by a person on the car not to attempt to get on, that he would get hurt, etc.; that the boy was not a passenger on tho car, which had then loft the station and was in motion on the track:</p> <p>Held — That the accident having occurred to a person, not a passenger, without any fault or blame on the part of those in charge of and running the cars, the company was not therefore liable for the damages caused by tho injury which such person had received on account of tho accident.</p>

<p>Planting partners are bound jointly, each for one-half of a debt contracted by them for the benefit of the partnership,</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>APPEAL from the Second Judicial District Court, parish of Jefferson.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from the Second District Court, parish of Orleans.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>In case tho .appellant has failed to canso a noto of tho ovidonoo, on trial in tho court below,, to bo affixed to tho record, the Supremo Court will presumo that tho judge a quo, in rendering his judgment, proceeded to do so on proper and sufficient ovidonoo.</p> <p>In a proceeding to cause a judgment of another State of the Union to bo made executory in this State, it is sufficient under tho general issue for the plaintiff to show that the judgment which is sought to be rendered executory has been duly rendered, and that the record thereof has been properly authenticated.</p>

<p>In garnishment suits, tlie jurisdiction is attested by the original demand. If, therefore, tlier claim against the debtor is above five hundred dollars, the Supreme Court will have jurisdiction of the appeal irom a judgment in the garnishment process.</p> <p>A judgment that has been rendered against a party as garnishee, after he has been eliminated, from the suit, is void and of no effect.</p>

<p>-The acfc of the General Assembly which created a Metropolitan Police District for the city of Now Orleans and took away from the city authorities the management of the police force and vested it in a Board of Metropolitan Police, did not repeal or modify the statute of 1855, re-enacted in 1869, which makes the city liable for property destroyed by a mob or a riotous assembly within the limits of the corporation. The city is, therefore, liable, under this act, for the damage done to property within the corporation, whether the owner of such property bo a resident of the city or an' absentee.</p>

<p>A discrepancy between tlie value of goods destroyed by fire, as sworn to by the insured, and the value as proven on tlie trial in a suit against tlie company to recoverdilie policy, is not necessarily evidence of fraud against the company on the part of the insured.</p>

<p>APPEAL from the Thirteenth Judicial District Court, parish of Concordia.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>It is not necessary for tlie plaintiff, in answer to the plea of domicile, to show that the* defendant lias changed liis domicile from one parish to another. It is sufficient if lie-shows that the defendant has a domicile in the parish where suit is brought. If the defendant, by his own acts, has rendered the place of his real domicile equivocal and uncertain, the creditor may, on showing the fact, proceed against him in either parish, at his option.</p>

<p>A combination of parties during tho late war, and after tho city of Uow Orleans had been-captured by tho United States forces, to carry on trade and commerce between said city and the surrounding country, outside of the United States military lines, was illegal. Tho courts will not, therefore, give effect to or enforce demands or obligations growing out o£ such illicit transactions.</p>

<p>APPEAL from the Second Judicial District Court, parish of Jefferson.</p>

<p>APPEAL from tlie Fourth District Court, parish of Orleans.</p>

<p>Before executory process can. be issued on notes exemted by an agent, authentic evidence of the agency must be shown.</p>

<p>In case of a railroad company that bas obtained a right of way through the domain of the State, and the authority is given the company to force the alienation of such private-property as may lie on the line or route of the road, and is required for the uses and location thereof, a scrupulous regard to the ascertainment of a just and full valuation of the property to bo taken from the owner, and the compensation to bo givon him, must be-observed. If, therefore, as in the present case, one set of commissioners have made a report of the value of the property, which was set aside by the judge a quo, at the request-of the company, and another has been appointed, who, after taking further testimony, have made a second report, reducing the value of the property to bo taken below one-half that placed upon it by the first sot of commissioners, which latter estimate is approved by the judge cc quo, the Supreme Court will, on appeal, in the exercise of their discretionary powers in such cases, remand the cause to the court of the first instance, with instructions that a new commission be appointed, and the case bo in other respects proceeded with according to law.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>Tbe mío who, in payment or part payment of her judgment against her husband, received a transfer of a claim which he alleges to bo due him, acquires only such rights thereto as the husband had. A debtor who allows his property to be sold under execution and the proceeds to be applied in satisfaction of the writ, is thereby concluded from his right of action to recover the proceeds of the sale on the ground that the consideration of the debt, to pay which the property was sold, was illegal. Therefore, in this case, the wife being the transferee of the husband’s claim to the proceeds of the sale of his property to pay a debt against him, on the ground that the consideration of the debt was the sale of slaves: Held — That, inasmuch as the husband had made no opposition to the sale and application of the proceeds to the payment of his debt, he was barred from afterward setting up a claim thereto, and the wife, being his transferee, could only exercise such rights as her transferrer had conferred upon her, and that she could not, therefore, recover.</p>

<p>APPEAL from the Sixth Judicial District Court, parish of Tangipahoa.</p>

<p>APPEAL from tlie Parish Court, of Lafayette.</p>

<p>A party who brings suit against another for cutting and removing timber from his land must show — first, that he is the owner or proprietor of the land, and — secondly, that a certain specific number of trees have boon taken from his promises, failing in which he can not bo permitted to recover.</p>

<p>APPEAL from the Fifteenth Judicial District Court, parish of Lafayette.</p>

<p>In til© examination of an appeal taken from, an order of seizure and sale the appellate court can only determine wlietlier tlie evidence presented to tlio judge a quo is sufficient to* authorize the fiat.</p>

<p>Proving that a debtor paid a sum credited on Ms noto on tlie day and date that the credit is made on the note, is tantamount to proving an acknowledgment of the debt. Parol evidence to establish such credit is, tliereforo, inadmissible after tlie maker of the note lias died and payment is sought to be enforced against his succession. SI An. 300.</p>

<p>APPEAL from tbe Third Judicial District Court, parish of St. Mary.</p>

<p>The recording of tlie certificate of tlie notary who drew the act of mortgage, in the office of the recorder of mortgages of the parish whore the property is situated, is not sufficient to give effect to the mortgage as against third persons. C. C. 3336; acts of 1855, !Nb. 274, p. 335.</p> <p>A certified copy of the act of mortgage must itself be placed of record in the parish where the property is situated to give it effect. This rule does not apply to the parish of Orleans, the registry of mortgages in this parish being governed by special laws on the subject. Acts of 1855, 2To. 285.</p>

<p>A railroad company in tlie city of IsTew Orleans which has been authorized by the city to change the track of its railroad, can not be enjoined from so doing by an individual property holder situated on the line of the road, on the ground that such change would likely prove detrimental to the public health, and would therefore work an irreparable injury to him.</p> <p>A party who discloses no interest whatever in an ordinance of tlie Common Council, can not be permitted to raise the question of its validity with another party who has acquired a right under the ordinance.</p>

<p>The act of 1855, lío. 200, p, 254, under which a married woman is authorized to execute a mortgage on her own property by observing the formalities therein, prescribed, docs not abrogate nor do away with the rules laid down in the Civil Code by which sho is authorized, by and with the authorization and consent of her husband, to mortgage her separate-property for a debt which, inures to her separate use and benefit. 15 An. 94; 21 An. 398? 22 An. 457.</p> <p>The husband is not incapacitated from testifying that the debt for which his wife gave at mortgage on her separate property inured to her separate and sole advantage.</p>

<p>A voluntary retrocession of property after tlie action to dissolve tlie sale has been prescribed, has no legal effect on a creditor of the vendee who has acquired a mortgage on the property subsequent to the sale. If, therefore, the vendee has retroceded the property after the action of retrocession is barred by prescription, the vendor takes back the property, • subject to the mortgages which the vendee has placed upon it subsequent to the sale.</p>

<p>A mortgage creditor who participated at a meeting of the creditors of an insolvent debtor and made no opposition to the homologation of the proceeding as agreed upon, is, after the homologation by the judge, precluded from requiring a sale of the property to be made for his benefit on terms different from those agreed upon at_the meeting of creditors. But if a mortgage creditor bo not present at the meeting of creditors, and be not represented therein, then, and in that case, lie may, notwithstanding the deliberations have been homologated by the judge, cause the property, or a sufficient amount thereof to pay his debt, to bo sold for cash.</p>

<p>Tlie appeal will be dismissed ex officio, if no order of appeal has been granted by tbe judge a quo. An agreement of counsel entered on tbe minutes of tbe court, before judgment, giving to either party to tbe suit a devolutive or suspensive appeal irom sucli judgment as may bo rendered by the judge who bas taken tbe case under advisement, bas no logal effect whatever as an order of appeal from tbe judgment.</p>

<p>APPEAL from the Eighth Judicial District Court, parish of St. Landry.</p>

<p>Two mortgage creditors seeking a preference over tlie proceeds of tlie sale of property mortgaged, can not, in a proceeding by third opposition, be permitted to attack the validity of each other’s claims. In such a case it is not the right over the thing mortgaged that is to he passed upon, hut the disposition of the proceeds of the sale of the thing mortgaged. In this form of action the respective rights to the proceeds must be-determined by the priority of rank of the mortgage, without reference to the character of the claims.</p> <p>The true doctrine on this point seems to be that if one creditor wishes to destroy the right of another for the purpose of securing a preference for himself, he must do so by direct action and not by way of third opposition.</p>

<p>APPEAL from the Sixteenth Judicial District Court, parish of Lafayette. JDébaillon, Judge ad hoc.</p>

<p>APPEAL from the Eighth Judicial District Court, parish of St. Landry.</p>

<p>The purchasers of a plantation at prohate sale gave their notes to the administrator with an obligation, conditioned that if the heirs could not he forced to receive Confederate treasury notes in payment of the price, then the notes given were to be exigible. The heirs refused to receive Confederate notes in discharge of the debt. Suit was brought on the notes. Held — That inasmuch as the heirs had not accepted the Confederate notes in discharge •of the debt, and under existing laws they could not be compelled to receive them, tho ■notes given under the terms of the conditional obligation were still due and unpaid.</p>

<p>A contract made between a married woman and an overseer to oversee the plantation without the authorization or knowledge of the husband, is void and of no effect. Such a contract gives to the overseer no right of action to enforce it either against the wife or-tho plantation.</p>

<p>'JCIio fact tliat tlie creditor resided in tlie citv of Few Orleans, •witinn tlie Federal lines of military occupation, during tlie late war, while Ins debtor resided within the Confederate-lines of military occupation, both in the State of Louisiana, did not, under the dispositions of the Civil Code, work an interruption of prescription. The eroditor can not,, therefore, invoke such relation to defeat the plea of prescription.</p>

<p>APPEAL from the Eighth Judicial District Court, parish of St. Landry.</p>

<p>’The district court bas jurisdiction of a cause against a succession if the amount exceeds five hundred dollars, and also to declare that the vendor’s lien exists on the property sold to the deceased. But in the settlement of the succession the parish court is not divested of its jurisdiction by such judgment.</p> <p>The vendor’s privilege is not required to be recorded as between the parties to the act. If, therefore, in a suit to enforce the lien there are no third parties who are affected, the fact of non-registry will not avail the defendant.</p>

<p>APPEAL from tho Eighth Judicial District Court, parish of St. Landry.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Caddo.</p>

<p>Xho ruling of the judge a quo, on a motion for a continuance of a criminal case, involves-, both questions of law and fact, and can not therefore be examined on appeal, because the* jurisdiction of the appellate court in criminal cases is limited to questions of law alone. ■ Constitution, article 74.</p> <p>As a general rule in criminal trials, the dying declarations of the person killed, and for whose murder the accused is on trial, are alone admissible, and the inquiries in such declarations must be confined to the circumstances and cause of Ms death. But if it bo shown as matter of fact that another person was mortally wounded in the same difficulty, or by the same shot which killed the other party for whose murder the accused is on trial, then, and in such case, the rule above stated, is so far relaxed as to admit in evidence on the trial, the dying declarations of such third person.</p> <p>If the deposition of a person in a criminal case does not show on its face that it is her dying declaration, it will not be excluded on that account, if it be shown by evidence aliunde, that it was her dying declaration.</p>

<p>If a mortgage lias been recorded in tbe parish where the lands mortgaged are supposed to be situatod, its validity wall not bo affected by the subsequent discovery, made in running tho boundary line, that they are situated in the adjoining parish.</p> <p>Tho court having jurisdiction over the parish where the mortgage is registered, and the chain of title to the property is recorded, has jurisdiction to enforce the mortgage by granting an order of seizure and sale of the property. In such a case tho mortgageor can not successfully urge in defense to the sale that the property mortgaged lies in another parish, more especially if it is shown that the mortgageor is a resident of the parish'where tho order has been granted. In the latter case, if it were shown that tho property mortgaged is situated in another parish, then the order might be directed to the sheriff of that parish.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of DeSoto'.</p>

<p>APPEAL from tlie Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>If tlio tutor has failed to hare an inventory of tlio minor’s property made, and lias omitted to havo tlio mortgage in favor of the minor on the property of his tutor recorded, so that it will ho preserved, the tutor may be dismissed from office at the suit of the under tutor*. In a suit by the under tutor to dismiss the tutor from office for neglect of duty, tlio tutor can not bo heard to urge in his defense that it was the duty of tho under tutor to have the bond of tho tutor recorded, in order that the minor’s mortgage might be preserved on his, tho tutor’s property.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>The authorization of the wife by the lmsbaud to institute and prosecute a suit in the court below includes tho authority to take an appoal from the judgment rendered against tlie wife.</p> <p>An action to annul a judgment can not bo maintained if all the parties to the suit in which, it was rendered are not made parties to the suit to annul.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Claiborne.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Bichland.</p>

<p>APPEAL from tile Fourteenth Judicial District Court, parish of Morehouse.</p>

<p>APPEAL from the Tenth Judicial District of Caddo.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Jackson.</p>

<p>A parish judge who grants an order of injunction from the district court, in the absence from the parish of the district judge, has no power or authority afterward to set aside such order on bond.</p>

<p>The acknowledgment in writing of service of citation of appeal by the attorneys of the* appellee, who is a nonresident, preves a legal service of citation of appeal.</p> <p>The allegation in tho petition of appeal that the appellant is a judgment creditor of tho succession to an amount above five hundred dollars, with a certified copy of the judgment annexed, is sufficient to establish an appealable interest from a judgment ordering the» sale of the property.</p>

<p>APPEAL from the Parish Court of Bossier. Lewis, Parish Judge.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Caddo.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of More-house.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>In an action to rescind a sal© of immovable property on tlio ground of lesion beyond moiety, parol evidence is inadmissible to prove that there was another consideration which entered into the contract besides that expressed in the deed. In such action, parol evidence is only admissible to show the value of the property at the date of the sale.</p>

<p>APPEAL from tbe Twelfth Judicial District Court, parish of Catahoula.</p>

<p>If the administrator lias filed a classification of the debts due by the succession, and has obtained an order of the parish court homologating the same, then a creditor whose account has been thus homologated and ordered to be paid out of the funds in his hands, may, on his refusal, cause execution to issue from the parish court, notwithstanding the amount is above five hundred dollars or above the ordinary jurisdiction of the parish court, the jurisdiction of the parish court being unlimited in purely probate matters.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL from the Twelfth Judicial District Court, parisli.of Catahoula.</p>

<p>The right of appeal is secured, not only to qll parties in the suit, hut to third persons when they are aggrieved hy the judgment, if the amount involved is sufficient to give the appellate court jurisdiction. C. P. 571. "When, therefore, tho State Auditor and State Treasurer are made parties defendants in a suit, to compel them to register bonds of the State which have been authorized hy law in favor of .a railroad company, which registry by these officers is required by law as a prerequisite to their delivery to tbe company, and the judgment of tho court requires them to make such a registry, then and in such case they or either of them have the right of appeal from such judgment secured to them, if the bonds sought to he registered aro sufficient in amount to give the appellate court jurisdiction, and a mandamus will issuo, on application of the Auditor and Treasurer or- . eitkor of thorn, from tho Supremo Court, directing the judge a quo to grant the appeal.</p>

<p>'The omission of tlie district attorney to sign the finding of the grand jury, will nob avail tlie sureties on the bond given by the accused before the indictment was found. 21 An. 600. 'The question as to how the amount came to be written in the body of a bond given for the release of a criminal can not be examined in a suit against the sureties for its forfeiture.</p>

<p>A party who makes a wall that has heen constructed by the adjoining proprietor, one in common, incurs the obligation to pay the party who erected it one-half of the original cost thereof. This obligation to pay one-half its costs is not affected by the fact that the* party who makes it one in common, is the owner of more than one-half of the soil on-which it is built. 14 An. 338; 20 An. 554; 22 An. 114.</p> <p>A party who, by his own act has made a wall that has heen built between himself and his* neighbor, one in common, can not thereafter put any additional wall, or put an iron iront to his building which extends beyond the centre of such wall. Any attempt to do so will' be restrained by an injunction, and the party thus attempting will he considered a trespasser, and will he condemned to pay-the damages caused to the wall in common, with* vindictive damages for the tort. ZR. C. C. 676.</p>

<p>An injunction will not lie to restrain tlio execution of a judgment on the ground that it contains illegalities which affect tlio validity of the judgment itself.</p> <p>.Per curiam. — If it ho conceded that the wife, separated in property from her husband, can attack a judgment that has been confessed by her for a debt which sho has contracted with the authority and sanction of the judge under the act of 1855, then, and in such case, she must i>roceod by direct action to annul it.</p>

<p>APPEAL from the Parish Court of Morehouse. James Bussey, Palish Judge.</p>

<p>In an action oí' "boundary of town lots, if it "be shown "by survey aiul plats of tho town that, certain squares have "been laid out-, ma'ked and surveyed, starting from a given point with a fixed dimension in each square, and if it be shown further that certain contiguous-squares have been subsequently laid off wluch touch and appeal io run into the squares, or lots first laid our, then tho lots or squares last laid out, surveyed and marked must stop at the boundary line of the older siirv.eys. And if any diminution of quantity occurs in the measurement of ibo lots or servers it must be borne exclusively by those-holding under 5ho surveys last made.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL Bom the Tenth Judicial District Court, parish of Caddo.</p>

<p>In a contest lor tlic right to an office under the intrusion act, No. 156 of 1868, the defendant-has accorded to him the right to a trial by jury, if he asks for the same in the answer to ■ the suit. If ho tile an exception to the action which is afterward adjudged to be an answer, he may. still file an amendod answer asking for a jury. Rut if tile question of' the character of the oxcoption be not determined until the trial of the cause, and it then be held that it is an answer, the defendant is not theroby deprived of the right to a trial, by jury which he has prayed for in the answer.</p>

<p>Where, in an action of boundary between certain lot owners in the city of Shreveport, a survey has been made by the city surveyor, and by othor surveyors who differ with the city surveyor in their marks and lines, and the weight of the testimony is in favor of the correctness of the survey, marks and lines made by the city surveyor, then and in such case judgment will be given in favor .of the boundaries established by the city surveyor.</p>

<p>"Where several writs of attachment havo issued from inferior jurisdictions, each, for an amount less than that required to give the District Court jurisdiction, and the sheriff levies upon and seizes a certain piece of property, or a lob of cotton, all of which, is claimed hy a third party, if the valuó of such cotton thus attached hy viituoof the several writs amounts to a sum above five hundred dollars, then and in such case the ownership of the cotton being the question at issue, the District Couit has jurisdiction.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Union.</p>

<p>A judicial salo of cotton made during tlie late war, wliile Confederate notes was the only-currency in circulation at the place wliero it was made, is protected by article 149 of the Constitution of 1868. Such a sale is not therefore void because the price bid and paid into the hands of tlie sheriff by the purchaser was Confederate Treasury notes.</p>

<p>APPEAL from the Parish Court of Bossier. Balter, parish judge.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL from tlie Tenth Judicial District Court, parish of Caddo.</p>

<p>If the property of tho minor has boon seized by a, judgment creditor of. the tutor in his individual capacity as tho tutor’s individual */».jperty, the tutor is tho proper paity to enjoin the salo thereof in behalf of tho minor. If, however, the question of toe validity of tho minor’s title to tho property becomes tho subject of adjudication, then the uudertutor is the i>roper party to bring the suit.</p> <p>"Where tho titlo to property is ostensibly in the minors, a judgment creditor of tho tutor in his individual capacity can not maintain a seizure thereof on i ho ground that the tutor i» in possession, unless ho allego that tho title of tho minors is simulated. In such a caso the judgment creditor must first resort to a revocatory action.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Madison.</p>

<p>A renunciation of prescription after it has been acquired must'bo express. A written proposition by the maker of the note, after prescription has been acquired, to take out -a life insurance policy in favor of the holder is not such an acknowledgment of the debt as the law’ requires to establish a renunciation of an acquired prescription.</p>

<p>The objection by tlie accused that bo was not served with a correct jury list comes too late, if not made until after verdict.</p> <p>A clerical error in the minutes of the court by which the name of a g*rand juror has been 'ncorrectly spelled may be corrected mono protenc, so as to correspond with the names on the venire. Such discrepancy, if corrected, is not good ground for a new trial. 2 An. 745; An. 94; 10 An. 198.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Caddo.</p>

<p>la an action by the creditors to annul a sale made by the sheriff of the debtor’s property, on the ground that the purchaser is an interposed person who took the title fraudulently for the jmrposo of defeating them, the declarations of the debtor before the sale, made out of the presence of the purchaser, which are not shown to be brought home to him before the sale, are not sufficient to establish that he purchased the property for the debtor. Brand may bo proved by parol evidence, but unless the fraudulent declarations of one of the parties is shown to have reached the other party, and to have been the motive for his action, the transaction will not be set aside on the ground of fraud.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>The community is dissolved by the death of one of the spouses, and the title to one-lialf thereof vests absolutely in the heirs, and the other half in the survivor. The survivor is, therefore, without legal authority to encumber or mortgage the one-half interest of the heirs in tho community.</p> <p>The parish court has jurisdiction of an action of partition of the community between tho heirs and tho survivor without reference to the amount involved.</p> <p>In this case notes were given with mortgage to secure advances to be made and supplies furnished and to bo furnished. At tho close of the transactions, plaintiffs bring suit on the account current, which includes in its items the amounts of the notes, and they ask a recognition and enforcement of the mortgage given to secure tho notes.</p> <p>Hold — That tho notes having boon given for a particular purpose, namely, to enable the merchants to negotiate them, and having been taken up by tho agents of the plaintiffs, confusion took place, and they, tho notes, "became extinguished, and the mortgage given to secure them was also extinguished; and that as the mortgage was only given to secure the notes, it had no effect as a security for the account.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>An act of salé of real property under private signature takes effect against third persons . only from the dato of registry in the proper office and the delivery of tho property. If, thcreiore, real estate has been sold under act by private signature, and the vendor remains in. possession, and the aet is not recorded, a third purchaser by public act acquires a good and valid title thereto, notwithstanding the former sale under private signature.</p> <p>A judicial admission or allegation in tho defense to tho payment of notes given for the price of land, that the defendant has no title, will not enable a third person who gets possession of such land, without title, to hold it under such judicial admissions. The general rule is, however, well established that judicial confessions, when voluntarily made, are conclusive against tho parties making them</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Rich-land.</p>

<p>After tlio passage of the act of the twenty-ninth of September, 1868, creating tho parish of Richland, the people living within the limits oí that portion of the new parish which was-detached from the parish of Morehonso were required to pay the taxes due by them to tho authorities of tho parish of Richland. This act being valid, the parish of Morehouse had no right to collect taxes thereafter from the people thus detached.</p>

<p>Ono judgment creditor may attack the judgment of another creditor of the common debtor and show its nullity on the ground that its consideration was based on an obligation given for the sale of slaves.</p> <p>A judgment that has been given predicated on a slave contract ot a slave consideration is null and void, and its enforcement or execution by the court that rendered it is prohibited by article 128 of the constitution of 1868. Ritióle 149 of the constitution, which declares all judgments valid and binding which were rendered by the courts of the State during the period of the late civil war, only gives validity to such iudgmonts as were based on a lawful consideration. It having been first settled hy the highest judicial tribunal of the State, and afterward enacted into the organic law by the convention which framed the constitution, that an obligation or contract predicated on slaves was illegal and void, it is therefore hold that judgments of inferior courts which were rendered before these decrees and enactments were made, based on contracts or obligations for the sale of slavos, wore absolutely null in themselves, and that all such judgments are included in the prohibition of article 128 of the constitution.</p>

<p>APPEAL the Tenth Judicial District Court, parish of Caddo.</p>

<p>A third person ■who claims by way of third opposition the proceeds of the sale of property is not required to mate oath to the facts upon which he bases his demand in order to arrest the proceeds in the hands of the sheriff pending the inquiry.</p> <p>Either the party to the suit or his attorney may mate oath to the absence of the district judge from the parish.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Ouachita.</p>

<p>APPEAL from the Parish Court, parish of Ouachita. JR. J. Caldwell, Parish Judge.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish, of Morehouse.</p>

<p>An acknowledgment of a promissory note may lie proved Tby parol testimony so as to interrupt tlie current of prescription.</p>

<p>APPEAL from the Parish Court of Catahoula. JL B. Taliaferro,. Parish Judge.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Jackson.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Caddo,</p>

<p>'Tlie fact that suit has been brought for a tract or body of laud and afterward dismissed by the plaintiff, is not such a disturbance as will give the vendee the right to demand security against eviction before payment.</p> <p>If several persons bave purchased a tract of land and given their obligation for the price in solido, with a single mortgage on the entire tract as security therefor, the vendor or tho holder of the obligation may pursue either one of the obligors for the whole amount, hut if lie desires to sell the property mortgaged in payment of the obligation, then he must malee all tho obligors parties to the suit, otherwise no title of the interest in tho land of such obligors as are not made parties would pass to the purchaser.</p>

<p>.Prescription does not run against tlie tutor on a claim which, bo has against liis ward for board and lodging during the tutorship, nor are such items prescribed untiL the lapse of four years after the tutorship has terminated, that being the period of time allowed by law to the minor after emancipation within which the tutor may be called upon for an account. In like manner, the charges of the minor for services rendered the tutor during the time of the tutorship are not prescribed until four years have elapsed after the tutorship has terminated.</p>

<p>In executory proceedings to enforce the sale of mortgage property belonging to an absentee, service of notice of tlie order of seizure and sale upon tbe attorney appointed by the court to represent tlie absentee is sufficient to interrupt the current of prescription.</p> <p>If a mortgage debtor invokes the conservatory remedy of injunction to stay tlie sale of the property mortgaged, •without showing any valid or legal excuse therefor, he will be condemned to pay to the seizing creditor the damages which the law has provided in such cases.</p>

<p>APPEAL from the Tenth Judicial District Court, parish of Caddo.</p>

<p>If an act of tlie General Assembly provides that it sliall take effect from and after its passage, the fact that it lias not been promulgated in tlie official journal, as required by law, will not abridge or affect in any manner tlie rights acquired under it. An attachment honil, which has been given in eomformity to law before such law has been promulgated by publication in tho official journal, is not therefore void if the law under which it was given directs that it shall take effect from and after its passage, even though the bond bo not in conformity with former existing laws on tlie subject. ,</p>

<p>APPEAL from tbe Tenth Judicial District Court, parish of Caddo.</p>

<p>A amt Ivy the licirs to sot asido and annul orders or decrees rendered bytlie district court homologating their tutor’s accounts, and to causo the tutor to render an account, is, strictly a probate proceeding, and tlie parish court is vested with jurisdiction of sueh action without regard to the amount involved.</p>

<p>APPEAL from tlie Eighteenth Judicial District Court, parish of Bossier.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Bienville.</p>

<p>bond conditioned for tbe appearance of a party chargod ‘‘witli having committed the crime of shooting at with intent to kill,” without further terms of description or words to render the sense more definite, is void and without effect.</p>

<p>APPEAL from the Fourteenth Judicial District Court, parish of Morehouse.</p>

<p>The parish court has jurisdiction of a question involving the validity of a will and. th©' recognition of the party claiming as heir, without reference to the amount involved.</p> <p>In this case the evidence shows that no witnesses that could he had at the time of mailing the will resided in the place; that a greater number than five who subscribed to the will could not have been procured without endangering the execution of the will itself, on account of the critical condition of the testator at the time.</p> <p>Held — That under these circumstances the attestation of the will by five witnesses was a substantial compliance with article 1576 of the Civil Code, and that the will was not void; on account of its not being attested by a greater number of witnesses</p>

<p>An unconditional offer to pay a debt is sucli an acknowledgment as will interrupt tlic current-of prescription. Such offer or acknowledgment may be proved by parol evidence.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Jackson.</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>In nn action on account for work and labor performed under an agreement, tlio objections by tlie delbnclanfc that it was not done witliiu tlie time specified, and was not satisfactorily done, comes too late if not made until after tlie work has been done.</p>

<p>APPLICATION for a Writ of Mandamus.</p>

<p>A notary public is an officer of tlio State, wlio bolds bis appointment from tbe Governor by and with tbe consent of tbe Senate. The city of jSTew Orleans has therefore no right or authority to impose a license tax on such officer in his official character.</p> <p>The permission given to the city to impose a license tax on trades, occupations and professions does not include an authorization to impose a tax on a notary public or other State officer.</p>

<p>A compromise between a creditor and bis debtor, whereby the creditor agrees to take a less amount than is due in payment of bis demand, provided the debtor makes payment within a given time, is terminated if the debtor fails to make tbe payments within the time specified in tbe compromise*</p>

<p>Where an interlocutory judgment if erroneous would wort an irreparable injury, the party against whom it has been rendered has tho right to have it reviewed on appeal. In such a ease a mandamus will issue on application, directing the judge a quo to grant the appeal.</p>

<p>After the appeal bond has been given and filed in the record the jurisdiction of the appellate court attaches, and the jurisdiction of the court a qua, over the case is limited to the inquiry as to the solvency of the security on the bond. If a rule be taken by the appellee before the judge a, quo to set aside the appeal on the ground that the surety is not good and solvent, the Supreme Court will, on application for a writ of prohibition, examine the evidence taken in the court below on the rule to set aside the appeal.</p> <p>The failure of the appellant to qualify the surety on the appeal bond will not authorize the judge a quo to dismiss the appeal, but the writ of prohibition and not that by mandamus is the proper remedy for the appellant in such a case.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans. Emerson, Judge of the Third District Court, presiding in the Eighth, in place of Dibble, Judge, absent.</p>

<p>A gnrmslieo wlio has taken an exception to the right of the plaintiff to require her to answer interrogatories, may appeal from the judgment overruling the exception it the amount involved is sufficient to give the appellate court jurisdiction.</p> <p>The fact that the garnishee subsequently answers the interrogatories which disclose a - liability, can not be construed into a confession of judgment so as to defeat the right of api>eal.</p>

<p>An administrator is personally responsible to tlie heirs for money which he has received "belonging to the estate he represents, if he pays the same to a person not authorized to receive it.</p> <p>An administrator-of an ancillary estate situated in Louisiana, whom it is shown has acted in good faith, ought-not to he inflicted with the stringent penalties denounced hy statute against delinquent administrators.</p>

<p>APPEAL from the Third District Court, parish of Orleans.</p>

<p>Checks on a bank which have been loaned to a third party, can not be enforced against such third party by the drawer thereof if it be shown that they were paid by the bank in Confederate treasury notes, on deposit in the bank to the credit of the drawer of the checks.</p>

<p>The city of New Orleans lias absolute and plenary control of the disposition of the markets, of tlie city. The purchaser of a stall from the farmer of a market is not bound in warranty to his vendee in case of eviction or disturbance by the city itself.</p> <p>An action in damages will not therefore lie against tlie vendor- of a stall in the market in case the vendee has been disturbed by the city.</p>

<p>Iii an action for tlie recovery of rent tlie burden falls on the lessee of showing that the notary who drew the lease made an error in computing the rent</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>From and after the commencement of hostilities between the United States and the so-called Confederate States, all intercourse, trado and business was prohibited between the inhabitants of the two sections of the country. An indorsement of a promissory note, made by a resident of the so-called Confederacy, on a promissory note held by a citizen residing in one of the adhering States during the late war, was therefore wold and not binding on tbe indorser.</p> <p>If the consideration of an obligation be shown to bo Confederate treasury notes, its payment can not be eniorced by tbe courts of Louisiana. Constitution, article 127.</p>

<p>Tlie ’burden falls on tlie defendant who sets up a claim in reconvention in damages caused "by the plaintiff, who has failed to fulfill his contract within the time specified, of showing that he caused him, the plaintiff, to he put in default.</p>

<p>To enatlo a party to recover damages from a street railroad company for injuries inflicted liy the car, -while in motion, hy running over and -wounding a child, it must he shown affirmatively that the accident occurred through the fault or negligence of the driver.</p>

<p>APPEAL from the Sixtb. District Court, parish of Orleans.</p>

<p>Any agreement made "between tlie officers and the stockholders of an insurance company as to the liability of the stockholders on their stock notes can not affect creditors.</p> <p>A person who has been regularly appointed liquidator of an insurance company, has the legal right to sue for and stand in judgment in cases where the company are seeking to enforce payment of the stock notes held by the company.</p>

<p>The prescription of five years applies as ■well to promissory notes given in favor of the State as to those in favor of private parties. See Graham, Auditor, v. G-. "W. & J. T. Tigner et al., ante page 570.</p>

<p>The value of improvements placed, upon community property after its dissolution can not bo taken into account in the settlement of the succession. In such a case its actual value, or what it will sell for, is to be taken as the basis of the account without reference to the original cost or the cost of any improvements made.upon it.</p> <p>If the soparat© estate of either the husband or the wife has been increased or improved during the marriage, the other spouse or his or her heirs shall be entitled to the reward of the one-half of the value of the increase or amelioration, provided it be shown that such increase or amelioration was the result of common labor, expense or industiy. But if it be shown that such increase or amelioration was owing to the ordinary course of things, or the rise in the value of property, then and in such case there shall be no reward. B. O. 0. 2408.</p> <p>If by testamentary disposition the wife has been appointed testamentary executrix and given the usufruct of the whole estato of her husband, she may, on the application of the heirs or the legatees, be required to give security.</p>

<p>An action to enforce the payment of a debt can not be defeated by a peremptory exception,, that the action should be one for the settlement of a partnership, unless it be shown affirmatively that a partnership exists.</p> <p>A defense in reconvontion founded on an agreement that the defendant was to have five per cent, on the amount of the not profits of the establishment as a salary as clerk in the store can not he enforced until the debts duo it are collected.</p>

<p>If tke appeal lias keen taken and filed in tlie appellate court;, notwithstanding it has keen dismissed ky the judge a quo¡ on the ground that the surety on. the kond is not good, then and in such case the appeal will ke dismissed on motion for want of a kond.</p>

<p>'Conceding that tlio act of 1818 conferred upon tho city of How Orleans tlio monopoly of keeping powder magazines in tho Slate of Louisiana, yot that act has been so modified by subsequent acts of tho General Assembly as to confer tho samo authority on other corporations of the State; and is to that extent repealed, and the monopoly is thereby revoked.</p> <p>Therefore, since the passage of acts subsequent to the act of 1818, which confer on other corporations of the State the right to keep powder magazines, the city of Hew Orleans can not maintain an injunction against any person who may be keeping a powder magazine in any other part of the State, nor can the city maintain an action, in damages against such person.</p>

<p>Tlio administrator, in answer to a suit to enjoin the sale of property inventoried as "belonging to the succession, may allege and show the simulated character of the plaintiff’s title. If, however, it "be shown on trial that the plaintiff’s title was fraudulent, hut not simulated, then, and in that case, the administrator could only have its nullity pronounced "by direct action.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>from the Seventh District Court, parish of Orleans.</p>

<p>Appeal from the Eiffch District Court, parish of Orleans.</p>

<p>Appeal from the Seventh District Court, parish of Orleans.</p>

<p>Appeal from the Fourth District Court, parish of Orleans.</p>

<p>Machinery set in brides ancl run by steam, and used as a cotton seed oil factory, constitutes a part oí' the realty on which, it is erected. Such machinery can not, therefore, be removed from the premises after the land on which it stands has been seized under a mortgage.</p>

<p>Tlie act creating tlie master and wardens of tlio city of 3tfew Orleans, does not prohibit any merchant or body of merchants from employing any other person to examine and survey damaged goods in cases where they were interested. An injunction will not, therefore, lie against any person thus employed, nor can tlio master and wardens recover-damages irom the merchants who have employed such person, nor from the person employed.</p>

<p>Intervention is not the remedy for a third party who claims the ownership of property that has been released from seizure by a bond given by the defendant. In such, a case the •property should be pursued in the hands of the defendant.</p> <p>A proceeding in mm can only be maintained where a privilege is shown to exist on the property seized.</p>

<p>APPEAL from the Eighth District Court, parish of Orleans.</p>

<p>APPEAL from tho Thirteenth Judicial District Court, parish of ’Concordia.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from the Fourth Judicial District Court, parish of St. James.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>An appeal will lio from a judgmont eitlior annulling or affirming an ordinance of the City Council, if the amount involved, in the ordinance by way of contract exceeds in amount the sum of five hundred dollars, notwithstanding there may "be several parties to the contract on tho one sido, no one of whom, may have an interest therein equal to five hundred, dollars.</p> <p>In such a case a mandamus will issue, on application, to tho judge a quo, directing him to grant tlio appeal.</p>

<p>APPLICATION for Writ of Mandamus.</p>

<p>APPEAL from the Fifth District Court, parish of Orleans.</p>

<p>A party is estopped from contradicting in a subsequent action what he has judicially admitted or averred to be true in a previous action between the same parties.</p>

<p>APPLICATION for Writ of Mandamus.</p>

<p>APPEAL from the Fourth DistrictCourt, parish of Orleans.</p>

<p>A third party who shows an interest in a suit in amount sufficient to give the appellate court jurisdiction, may appeal from such judgment, and a mandamus will issue from the Supremo Court, on ai)plication of such third party, directing the judge a quo to grant the appeal.</p>

<p>A defendant is essentially a plaintiff when ho malees a reconventional demand. Xlie burden of proving the demand in roconvontion, therefore, falls exclusively on the defendant.</p>

<p>One of tlie clauses in tlie policy of a life insurance issued by the Benevolent Aid and Life-Insurance Company of Louisiana was, that the insured agreed to pay into the treasury of the association one dollar and twenty-live cents upon tlie death of any member, within thirty days after date of said death, being notified thereof by publication in one daily newspaper published in the cit,y of Hew Orleans in English, German, and one in Erencli for five consecutive days. Held — That under this clause tlie 'assured was allowed tlieentire thirty days, commencing and counting from and after the last of the five days of publication. That tlio company could not claim the forfeiture of the policy on that account until thirty days alter the last of the five clays of publication bad expired.</p>

<p>APPEAL from the Thirteenth Judicial District Court, parish of Madison.</p>

<p>APPEAL from the Thirteenth Judicial District Court, parish of Madison.</p>

<p>The Board of Assessors for tlie year 1807, who were removed from office before the one per cent, tax was levied by the General Assembly of 1868, have no right or claim to the per cent, allowed them as assessors, on the ground that their successors used the assessment rolls prepared by them in assessing the one per cent, tax of 1868. The suit against the Auditor to compel him to warrant on the treasury for such a demand was held to be vexatious.</p>

<p>Xu a suit for a settlement of partnership accounts, the question as to whether a certain fund is a partnership asset, belongs of right to the merits of the case, and should not be passed upon in an appeal from an order appointing a receiver</p>

<p>APPEAL from the Seventh District Court, parish of Orleans.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans.</p>

<p>APPEAL from Ihe Seventh District Court, parish of Orleans.</p>

<p>APPEAL from the Ninth Judicial District Court, parish of Natchitoches.</p>

<p>An account closed and acknowledged is only prescribed by ten years.</p> <p>One witness is sufficient to prove an account aggregating an amount above five hundred dollars, if no one item of the account exceeds that sum.</p>

<p>The act Iso. 120 of 1868, which confers the power on the police juries of the different parishes to appoint a district attorney pro témpora within thirty days, does not prohibit them from making the appointment after tho thirty days have expired. An ai>pointment of a district attorney pro tempore by the police jury after the expiration of* thirty days is valid, provided the power of making such appointment, conferred upon tlio parish judge in the act, has not been exercised before it is made.</p> <p>In case tho police jury has made the appointment after the expiration of thirty clays, butbofore the appointment by the parish judge, then the appointee has an indefeasible right to the office, and the person appointed afterward by the parish, judge is an intruder into tho office. ,</p> <p>A district attorney who fails or refuses to bring a suit to test tho right to an office under the intrusion act, may be compelled by mandamus to bring such suit. 21 An. 655</p>

<p>In this case the defendants discounted the note of the president of tlie Citizens’ Mutual Insurance Company and took in pledge as collateral security the stock of the Citizens’ Bank, owned hy the company. The proceeds of the note went to the benefit of the insurance company to the knowledge and with the consent of the board of directors.</p> <p>Held — That, waiving the question as to whether the president of the insurance company had the right to pledge the stock owned by the company, yet the knowledge of, and the acquiescence in, the pledge and the receipt of the proceeds by the bodrd of directors, amounted to a ratification of his acts, and the company was thereby bound.</p>

<p>APPEAL from tbe Eighth District Court, parish of Orleans.</p>

<p>PPEAL from the Fifth Judicial District Court, parish of Iberville.</p>

<p>APPEAL from the Sixth District Court, parish of Orleans.</p>

<p>APPEAL from, the Eighth District Court, parish of Orleans.</p>

<p>APPEAL from the Second Judicial District Court, parish of St. Bernard.</p>

<p>A datien en paiement by an insolvent to one of bis creditors with a view of giving an undue advantage or preference over tlie other creditors may be annulled at the suit of the other creditors, but in such case, if the debt for which the property has been given in payment bo a just and valid claim, then and in that case ho shall only lose the advantage ondoavored to be secured, by such contract.</p>

<p>In a proceeding for the expropriation of private property for the use of a railroad corporation the plaintiff is eulitled to notice of the award of the commissioners, in order that it may show that the award is extortionate in amount. In such a caso, a judgment that has been rendered on the report of the commissioners, without giving notice to the railroad company, will be reversed on appeal and the case will he remanded for service of tho> rule and for further proceedings according to law.</p>

<p>PPEAL from the Seventh District Court, parish of Orleans.</p>