Volume 29 — Louisiana Annual Reports

<p>APPEAL from the Parish Court of the parish of St. Charles. Farhart, J.</p>

<p>APPEAL from the Fifteenth Judicial District Court. Beattie, J.</p>

<p>APPEAL from the Superior District Court, parish of Orleans. Haw-kilts, J.</p>

<p>In no caso can a widow, or the estate oí a wife, bo held for more than one-half of a community debt, and not even for that much unless the widow or her heirs have accepted the community.</p> <p>The written acknowledgment of a debt by an administrator will not bind the succession if such debt does not really exist.</p>

<p>Under the bankrupt act the assignee of any bankrupt is authorized to become a party to any suit pending in a State court either for or against the bankrupt,' but he can not be compelled to become a party to such suit by any order of court.</p> <p>A party sued in a State court who has been adjudicated a bankrupt may ask for and obtain a stay of proceedings until his application for a discharge has been passed on. If he has obtained a final discharge he may plead it in bar of all claims from which such a discharge liberates him. If, however, he fails to plead his adjudication or discharge in the lower court, that court will adjudicate the case without regard to such facts. •</p> <p>That clause in the bankrupt act which provides that a creditor who has sued a hank- ' rupt before his bankruptcy in a State court can only go on with his suit (if the defendant pleads his adjudication or discharge) by permission of the bankrupt court-, only applies to courts of original jurisdiction, in which picas in bar maybe filed. It does not apply to this court, whose jurisdiction of a case is not in any- . wise affoeteR by that clause.</p> <p>The, assignee of a bankrupt cannot intervene in a suit in which the bankrupt is sued.' and set up either the latter’s adjudication or discharge in bankruptcy as a ground for staying proceedings, or in bar of the action. That is a right personal to the bankrupt.</p> <p>A- plea of adjudication or discharge in bankruptcy can not lie originally set- up in ■ this court. Such plea must be expressly made In the court below; else this eou rt will refuse to take cognizance of them.</p>

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

<p>In the organization of j arios, it is not necessary that the sheriff should furnish a list of all persons liable to jury duty, and put them in the jury box every December. The box must be exhausted before being refilled.</p> <p>'Where a policy of insurance stipulates for payment of losses sixty days after adjustment, and the assurers make reasonable efforts to effect an adjustment, they will not be liable for interest from the expiration of the sixty days, but only from judicial demand.</p>

<p>APEEAL from the Second District G mrt, parish of Orleans. Tissot, J.</p>

<p>APPEAL from the Superior District Court, parish of Orleans. Hawkins, J.</p>

<p>APPEAL from the Fifteenth Judicial District Court, parish of Lafourche, Beattie, J.</p>

<p>APPEAL from the Superior District Court, parish df ■ Orleans.- Lynch, J.</p>

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

<p>■'The whole object of, a -rule nisi,, in matters of injunction, is to enable the defendant to .show, if he can, that on the-face of the papers,'the injunction ought not to be granted. On the trial of the rule, no affidavit from either side, bearing on the truth of the allegations of the-petition, will be admitted in evidence.</p> <p>.The refusal of the court, on a rule nisi, to grant an injunction, may be appealed from.</p>

<p>A judgment was rendered in concurso, without fixing the amount due to each claimant. Afterward, one of the creditors, on a rule for that purpose, obtained a decree-fixing the sum due him, which was over five hundred dollars. One of the parties in interest applied for a suspensive appeal. It was refused, on the ground that-, the decree was an interlocutory one.</p> <p>Held — That the decree was final, and that from all final decrees, where the sum involved is over five hundred dollars, a suspensive appeal lies.</p>

<p>The holder of a negotiable note, who hasboughtit in goodfaith, and before its matu--! rity, acquires a valid title to it, though it be shown that the vendor of the note was not its'owner, and had fraudulently disposed of it.</p> <p>Where an agent lujs fraudulently sold his principals property,and embezzled its pro- " eeeds, and the principal afterward accepts from the agent something in compensation for the embezzled proceeds, he thereby ratifies the sale made by the agent, and estops himself from any recourse against the innocent purchaser of his property.</p>

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

<p>Idle homestead act, which exempts one hundred and sixty acres oí land, etc., irom seizure and sale, is in favor of a debtor who owns the land, and who has a family, dependent on him for support. The benefit it confers is strictly personal.- It is likewise'in derogation of common right and, hence, does not descend from the-debtor in favor of his widow, or his children.</p>

<p>APPEAL from the Superior'District Court, parish oS Orleans. HawIcins, J. Jury trial.</p>

<p>In a suit brought to revive a judgment uo plea will be entertained, and no evidence considered, which assails the validity of the judgment sought to be revived.</p>

<p>When the l-eeoi'd of appeal contains no note of the evidence offered and rceeived.in, the court below; and no statement of facts agreed on by the parties, or made by the inferior judge; and no bill of exception, or assignment of error, the appeal will be dismissed. And the usual certificate of the clerk of the lower court, that such a record contains a copy of all the evidence, etc., offered and filed in the lower court, is not sufficient to maintain the appeal. '</p>

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

<p>The aot of the Legislature No. 81 of the year 1872, which abolished the free-school fund, and which ordered the bonds composing that fund to be sold by the Auditor and Treasurer of the State, is unconstitutional, and no property in any of those-bonds has been acijuired by any purchaser of the bonds, who may have bought them at a sale made under said act No. 81.</p>

<p>The illegal cancellation o£ an official bond will not release the sureties on the bond, ': from their liability for any official delinquency of their principal.</p> <p>The sureties on the official bond of a notary public are liable for any loss, or damage caused by his affixing his notarial paraph to any mortgage note which he knew to be forged. And any one injured by his act, has a right of action on the bond against his sureties.</p>

<p>'On the trial of a rule to dissolve an attachment, the truth of all the allegations of the petition can not be inquired into, as that would be trying the case on the merits.</p> <p>■'Where the affidavit for an attachment attests the truth of all the allegations of the petition, and .the petition sets forth the non-residence of the defendant, and a cause .of action, the affidavit is sufficient.</p> <p>Phe amount of an attachment bond must exceed by one-half, the sum demanded.</p> <p>No correction, or alterations of a judgment can be made by the court, ex proprio motu, after the judgment has been entered on the minutes, except such as are merely ■clerical, or rectify errors of calculation. No change in the substance of a judgment can be made, save by means of another formal decree, rendered after a new trial of the case.</p> <p>.Paying an employee a certain portion of the profits of a business, in compensation of-his services, does not make him a partner of the employer.</p> <p>A certificate of discharge in bankruptcy, made according to the forms prescribed in the bankrupt act, is receivable .n evidence before any court, to prove the fact of the discharge, and its regularity.</p> <p>A discharge in bankruptcy is a complete bar to any suit brought against a bankrupt in a State court to enforce a debt -which has been extinguished by that discharge.</p>

<p>If an importer of foreign goods has so gravely violated the revenue laws of the United States as to render the goods liable to confiscation, and himself obnoxious-to the penalties of his act, prescribed by said laws, he will become liable to any innocent purchaser of those goods, for whatever sums the purchaser may have to-pay the government, in order to compromise the suit to confiscate the goods; and for all necessary expenses incurred by such purchaser, in effecting the compromise. Such a compromise inures to the direct relief of the importer, which makes the latter liable for whatever the compromise has cost the former.</p> <p>Where, by the terms of the United States revenue law, the penalty of its violation is the forfeiture of the goods without alternative, then the property in said, goods vests at once in the government, and no purchaser of said goods, however innocent, can acquire any title to them. They remain liable to seizure and confiscation, wherever found. - *</p>

<p>Tko action to annul a judgment must be brought before th.e court-which rendered it.</p> <p>Jurisdiction can not be given to a district court, by aggregating a number of co-plaintiffs, or co-defendants, where the sum claimed by, or demanded of, each, is less than five hundred dollars.</p> <p>A district court can not enjoin the execution of a judgment rendered by a parish court.</p> <p>The action to 'annul a judgment is prescribed in one year from, the date of the judgment,</p>

<p>^PPEAL from the Superior District Court, parish of Orleans. Lynch,</p>

<p>REPEAL from the Superior District Court, parish of Orleans. Lynch,</p>

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

<p>The property o£ a succession can not be sold under a fieri facias issued on an ordinary judgment, even though the judgment has been given to enforce a mortgage,, and vendor’s lien. The holder of such a judgment must go into the probate court, to enforce his rights.</p>

<p>Where two, or more crimes are involved in a single act, but one indictment will lie-</p>

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

<p>Where a creditor, who has bought certain movables from his debtor, by crediting the latter on his account with the price of the movables, instantly resells the property to the debtor, the sale will be valid, as between them, whether, any delivery was made to the creditor, or not.</p>

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

<p>Tho principal is bound by any contract made by his agent which is necessary to carry out the objects of the agency ; and no confidential limitation of the mandate, can operate to the prejudice of any innocent third person.</p>

<p>The advertisement ol property, seized under executory process, on the very day of the seizure, has no invalidating effect, provided there arc thirty days advertisement, and thirty-three clear days intervene between the seizure and the sale.</p> <p>■Whore the process oE the court, in an injunction, does not seem to be seriously abused, special damages need not bo imposed.</p>

<p>A creditor cannot annul a judicial sale of liis debtor’s property, (made attlio instance of another creditor) on account of any informality in the proceedings affecting the sale, unless he proves that such informality has caused him an injury.</p> <p>By appointing- an appraiser, tho debtor cures any defect in the advertisement of a judicial salo.</p> <p>Where a party sells one of a series of notes, secured by mortgage on certain property, without warranty, and reserving to any holder of any other of said notos equal rights, it will not debar him from subsequently proceeding on another of said notes, and subjecting said property to the ratable satisfaction of each of said notes.</p> <p>A Jitigant is required to give parties in interest no other notice of his proceeding, than that prescribed by law.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans. Lynch, J. Trial by jury.</p>

<p>A judgment against a partnership, which has ceased to exist by the death of one of the partners before the date of the judgment, is null and void.</p> <p>A surety can not be held under a judgment void as to his principal.</p>

<p>APPEAL from the Fifteenth Judicial District Court, parish of Lafourche. Beattie, J.</p>

<p>APPEAL from the Sixth Judicial District Court, parish of St. Tammany. Duncan, J.</p>

<p>A mandamus will not lie to compel an officer to do a thing, as to the performance of which lie has discretionary power. Ho can only be compelled by mandamus to perform a duty, when it is purely ministerial. The taxpayers of oa parish have a right to Appeal from any judgment of court, ordering the police jury to levy and collect a tax, and no acquiescence in the decree by the latter, can affect the former’s right of appeal.</p> <p>A police jury can not be compelled by a mandamus to levy a lax for the payment of a claim which they deny, and which has not been passed on judicially.</p> <p>A mandamus will not issue, where an adequate remedy can be obtained through the ordinary legal processes.</p>

<p>The sureties on an injunction bond can not be held liable for the amount of the judgment enjoined, unless it be proved that the judgment was lost in consequence of the injunction.</p> <p>'In seizing property under a fieri facias, encumbered with liens and mortgages, the sheriff should talce note of them, and allow for them, in estimating the amount of property he should seize to satisfy his execution.</p> <p>'The sheriff is presumed, as to any official act, to have done his duty, and who alleges that ho has made an excessive levy must prove it.</p> <p>An injunction will not lie on account of an excessive seizuro under a fieri facias.</p> <p>'The amount of the bond given for the release of property seized under execution, is not in the discretion of the court. It is fixed by law at one-half over the estimated value of the property seized: See Revised Statues, section 3111.</p> <p>A judgment debtor who neglects to point out property to satisfy the execution against him, after having been duly notified to do so by the sheriff, can not afterward enjoin his creditor from seizing and selling his immovables before exhausting his movable property.</p> <p>"When it appears that an injunction has not been wantonly issued, but that plaintiff has r i-sorted to it under a mistaken but honest belief that he was entitled to do so, only such damages will be allowed on its dissolution as cover the court costs, and counsel fees of defendant.</p>

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

<p>An amendment in the pleadings, by which the • plaintiff, a liquidating partner, claims to be sole owner oí the debt, individually, is admissible.</p> <p>A confession o£ judgment, although made in a court without jurisdiction oí thocase, has the force and effect of an account stated and acknowledged, and is only prescribed in ten years.</p>

<p>APPEAL from the Fourth Judicial District Court, parish of St. Charles. Flagg, J. Trial by jury.</p>

<p>APPEAL from the Fifth Judicial District Court, parish of Iberville. Trial by jury. Dewing, J.</p>

<p>j^PPEAL from the Sixth District Court, parish of Orleans. Saucier,</p>

<p>A party domiciled out of the j urisdietion oí a court may be made a garnishee, under a writ ol attachment, but not under a writ of fieri facias issued by that court. In ' eases of fieri facias, the garnishment process must issue from the court of the garnisheo’s domicile.</p> <p>A party may be sued, and judgment rendered for, or against him, by a competent court, other than that of his domicile, if ho appeal- in such court and plead to the merits.</p>

<p>The signing by the sheriff (or his deputy) of the notice of demand made on the defendant in executory proceedings, is an irregularity which can only be availed of by the defendant, by pleading it before the sale of the mortgaged property.</p> <p>The notice of the sale, in executory proceedings, need only be published three times. during the thirty days delay.</p> <p>The benefit of the appraisement of his property, may be legally waived by the mortgage debtor.</p> <p>The validity of a sheriff’s doed is not affected by the fast that the accrued taxes on the property conveyed by the deed, had not been paid.</p> <p>The nullity of a j udgment, or of a judicial sale, can only be demanded by one, who has used due diligence to prevent, what he seeks to annul.</p> <p>The adjudication of the property by the sheriff, an'd the payment of the price invest the purchaser with the legal title. The deed of the sheriff is merely evidence of the fact.</p>

<p>C'o-trcspassers are liable in solido.</p> <p>The husband may and should sue in his own name, to enforce any right of his wife, except when-the wife exclusively administers her own property, or when tho ownership of some dotal.or paraphernal effect, or real right of hers is involved. A joinder of the wife will be treated as mere surplusage.</p> <p>In a suit for damages on account ot a trespass the trouble and expense the plaintiff has been illegally put to are to be considered in estimating the damages. Attorney’s fees are a part of such expense, and may be proved, even when they have not been specifically alleged.</p> <p>The attempt of a lessee, or his vendee, to forcibly remove from the leased premises, property subject to the lessor’s privilege, is a trespass, sounding in damages.</p> <p>An irregularity in the method of returning a verdict by a jury, which does not injure any of the parlies, will not vitiate the verdict.</p>

<p>In iomputing the time within which a suspensivo appeal may he taken, neither nonjudieial days nor the day the judgment was signed, nor the day the appeal was taken, are to be counted.</p> <p>A law is not obligatory, until promulgated. Thus a court created by statute continues to exist, until the act repealing that statute has been promulgated.</p> <p>The mere publication of a legislative act in the official journal, is not necessarily a proimUgalion of the act.. Promulgation of an act must bo marte by tlic officers, and in the special mode, prescribed by law.</p>

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

<p>^PPEAL from the Parish Court, parish of Jefferson. Hyman, J.</p>

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

<p>A claim o£ ownership sot up by a third person to certain property sought to be attached in a suit, can not be adjudicated on a rule tried in vacation.</p>

<p>J^PPEAL from the Superior District Court, parish of Orleans. Lynch,</p>

<p>APPEAL from tho Thirteenth Judicial District Court, parish of Madison. Hough, J.</p>

<p>A PPEAL from tlio Fourth District Court, parish of Orleans. Lynch, A J.</p>

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

<p>A municipal corporation can impose no tax on any occupation, unless authorized to do so by its charter.</p>

<p>APPEAL from the Fifth Judicial District Court, parish ol East Raton Rouge. Dewing, J.</p>

<p>'Untler tlio funding not of 1RM the Board of Lianidators provided for by that act aro vested with discretionary power to fund, or refuse to fund, any and every indebtedness of the Htnte presented to them for funding; but by the act of 1875. (supplementing that of 3R7i.) they are prohibited from funding any bonds of tho State, enumerated in said act, until this court has declared them io be, valid.</p> <p>Tho Board of IJfjnidators, under said funding acts of 187A and 1875, having disere- ' t ionary powers, can not be compelled by a mandamus, to fund any indebtedness of tho State.</p>

<p>Th> peones verbal o£ a sheriff, containing: all necessary recitals, signed l>y Hie sheriff, and the purchaser of tho property sold at public, sale by tho sheriff, and attested by two witnesses, has the legal value o£ a formal sheriff's deed.</p>

<p>An injunction will not issue, ;it the instance of tho taxpayers o£ a municipal corporation, to prevent tho officers oí that corporation from holding an election, under tho authority of á legislative act, to enable the citizens of the corporation to vote to levy, or not levy, a certain tax on themselves. The action is premature. No right of tho plaintiffs is, as yet. invaded, and the danger they seek to shun is too remote, and contingent, to warrant tlio issuance of an injunction.</p>

<p>^PPEAL from the, Sixth District Court, parish of Orleans. Saucier, J.</p>

<p>‘Tlio contents of a lost instrument creating obligations can not be shown by parol, until tlie loss itself lias boon proved and properly advertlsod.</p> <p>Where an absentee, represented by a curator ad hoc, who has not been able to communicate with his client, is sued on an instrument alleged to be signed by him, the plaintiff must prove the absentee’s signature as strictly, as though the signature had boon denied.</p>

<p>Heel Ion 5H57 oí tlio United State's Revised Statutes declaring Hint suits by, or against an assignee in bankruptcy, touching any property, or rights oí properly transferable, or vested in such assignee, must be brought ■within two years from the time when the cause of action accrued for, or against him, only applies to causes of action which accrue after the. bankruptcy and in which the defendant really sots up an adverse interest to the plaintiff. It does not apply to suits brought by, or against tlw bankrupt, before his bankruptcy, and to which the assignee merely makes himself a parly, in order to carry on the suit.</p> <p>A partner in comuumdam is enUtled to sue, for a settlement of the partnership, and ascertain, and demand his share of its assets.</p>

<p>The constitutional provision that taxes shall bp euual, and uniform, does not mo-vent tlio Legislatura, or any municipal corporation authorized thereto by the Legislature, from dividing the objects of taxation into different classes, and imposing different taxes on ouch class. It merely roauiros that the tax on each member of the same class shall be the same.</p>

<p>Tlio action to annul a mortgage given by a debtor in favor of one of liis creditors, on the ground of simulation and fraud, is yreseribod by one year from tho date of the mortgage.</p>

<p>A PPEAL from tlie Second District Court, parish of Orleans. Tissot, L</p>

<p>A PPEAL from the Parish Court for tho parish of East Feliciana. XX Lyonx, J.</p>

<p>A mortgage, given to secure a real debt, on which a judgment lias been given, will be maintained, although it appear that the judgment, lor want of jurisdiction in the court, is void.</p> <p>The judge of' a court who has rendered a judgment which is null and void, can not, as creditor of one of the parties, avail himself of the nullity.</p>

<p>A PPEAL from the Sixth District Court, parish of Orleans. Saucier, A J.</p>

<p>A PPEAL from the Sixth District Court, parish of Orleans. Saucier, A J.</p>

<p>Legal citation upon one of several solidary debtors interrupts prescription as to all.</p> <p>The interruption of prescription by a suit, works a suspension of prescription, as to every one affected by the interruption, during the pendency of the suit.</p> <p>Mere inaction on the part of a plaintiff, does not amount to an abandonment of his suit.</p>

<p>In a suit for interdiction the fullest investigation into the motives of the plaintiff will be allowed.</p> <p>In passing on the issue of interdiction, the court will not be controlled by the opinions of experts, but giving to them a respectful consideration, and to every fact bearing on the issue its legitimate weight, will form, and decree its own conclusions.</p> <p>Mere weakness of mind in the defendant will not, justify a decree of interdiction, when in view of all the evidence adduced, such decree is not necessary either for the protection of the defendant’s property, or person, or of society,</p>

<p>APPEAL from the Fifteenth Judicial District Court, parish of Lafourche. Beattie, J.</p>

<p>A promissory note for a certain sum executed by a person in favor of lxis employee, payable at the maker’s death, although said suxxi be not legally dxxe, will not bo deemed as a donation in disgxxise, if it appear that the note has for its eonsidoi'ation the natural obligation in favor of the employee, arising out of lxis long services to the maker.</p>

<p>A judgment homologating the account of an administrator, where no ovidonee' has been adduced to show tho correctness of the account, is invalid.</p> <p>A creditor who has boon placed on the tableau of a succession, and recognized as a creditor, may appeal from a judgment homologating an administrator’s account, although lie may not have opposed tho homologation.</p> <p>Tho amount to be. distributed in the homologated account of an administrator, and not the amount claimed by tho appellant, determines his right of appeal.</p>

<p>The pledgee of a mortgage note, who violates the contract of pledge by pledging the note to a third person, is responsible to the owner of the noto for the full amount of the note, unless he clearly proves that the note was worth less than its face.</p> <p>Whoever actively violates a contract, need not be put in default.</p>

<p>A mortgage on property exempt under the homestead act can not be enforced; and the owner of such property may sell the same, free from the mortgage he has imposed on it.</p>

<p>Tho holder o£ a mortgage, given by a wife with her husband’s authority, on her separate property, 'without the authorization of the judge under the act of 1855, must prove that the debt which the mortgage was given to secure inured to the -wife’s separate benefit, before he can hold her liable.</p> <p>A wife separated in pr-operty is liable for her proportion of tho household expenses, and for the whole of such expenses, if her husband is without moans.</p> <p>The homestead law embodies, in part, the public policy of the State, and rights acquired under it can not be waived by any convention of parties.</p>

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

<p>The institution of a suit in tho capacity of heir of a decedent, or tho sale by an heir of his interest as heir in a succession, amounts to tho acceptance of the succession, pure and simple.</p> <p>Where tho heirs aro all of age, and present, and represented, and hare accepted the succession purely and simply, and there are no debts duo by the succession, there, is no necessity for the appointment of an administrator.</p>

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

<p>One who has represented himself in his own pleadings, in a former suit, as apart-, ner in a certain firm, is estopped from afterward denying it.</p>

<p>APPEAL from the Sixth Judicial District Court, parish of Livingston. Kemp, J. Trial by jury.</p>

<p>No petitory action; or action to annul, can be instituted by rule.</p> <p>A party can not impeach the title of his transferror.</p> <p>All buildings put on mortgaged real estate by the owner, are immovable, and become subject to the mortgage on the real estate.</p> <p>A mortgage creditor can not be prejudiced' by any contract made by his debtor, to which he is not a party.</p> <p>1 The revenues of a property, which belong to the owner of the property, can not bo seized, and sold separately from the property.</p> <p>. Any party, in interest may proceed by rule to remove any thing which illegally clouds a title.</p> <p>A bank organized under the national banking act may sell any immovable it owns, and reserve a mortgage, and vendor’s privilege on it.</p>

<p>The release of an injunction by bond, is a matter confided to the discretion of tlu> lower court.</p> <p>The exception of lispentlmsrwiil not lie considered in this court, unless raised in, and passed on by the court a wia.</p> <p>The writ of prohibition will not issue to restrain an inferior judge from doing any act, when ho has, prima facie, jurisdiction.</p>

<p>A PPEAL from the Fifth District Court, parish of Orleans. J. Cullom,</p>

<p>jj^PPEAL from the Sixth District Court, parish of Orleans. Saucier,</p>

<p>Wlion the facts, as charged in the indictment, constitute the crime o£ robbery, the mere omission of the word “ rob,” will not invalidate the indictment.</p> <p>The absence of a witness is no ground for a continuance, unless the party asking the continuance shall make affidavit that he expects to procure the absent witness, and that the facts to be proved by such witness, can not be proved by any other one. known to affiant.</p> <p>The judge a ano may make any ruling as to the manner of conducting a trial, in order to secure a prompt decision, which is not prohibited by law, and which works no prejudice to the accused.</p>

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

<p>An association of persons can not claim a. corporate existence under the free banking act, unless they shall havo fulfilled the conditions precedent prescribed by that act.</p> <p>No corporation organized nndor the general incorporation act is permitted to engage in the banking business.</p> <p>No association of persons can appear in court ns a corporation, unless organized as such, in strict accordance with law. Unless so organized it can only sue In the individual names of its members.</p>

<p>Tho order of a State court transferring a ease before it to tho circuit court of the United Stales may bo appealed from.</p> <p>Under the ju dieiary act of 1789 a suit is removable from a Stats to tho Federal court, when the Federal court has jurisdiction of it, only on tho application of the defendant, who is a citizen of another State, or is an alien, made at the time ho files • an appearance, and when the plaintiff in the suit is a citizen of tho State wherein the suit is brought.</p> <p>Under the said act of 1789 only an original suit, pending in a State court, is remova- ■ ble to the Federal court. Heneo a suit brought in a State court to annul a judgment of that court, or to restrain its execution, being only an auxiliary suit, is not removable.</p> <p>A Federal court is without jurisdiction to enjoin proceedings in a State court, and therefore, no suit pending in a State court, whose object is to enjoin tho execution of a judgment of that court, is removable to the Federal court.</p>

<p>^PPEAL from the Parish Court, parish of St. Charles. Farhart, J.</p>

<p>Tlie purchaser oí property sold at probate salo, which is incumbered by a mortgage antedating the title oí tho deceased owner, is entitled to reserve in his possession enough oí the purchase price to satisfy tho mortgage.</p> <p>The creditor of an insolvent succession, with a first mortgage on a piece oí its property, who buys in tho property, may retain in his hands tho amount- of his mortgage; provided, he gives soeurity to refund whatever may be finally shown is not to bo applied to his mortgage.</p> <p>But tho creditor with an inferior, or concurrent mortgage, who bids in the property, must pay over the amount of his bid.</p>

<p>The oral or written declarations of an alleged co-conspirator will not be admitted in evidence, until the conspiracy itself has been proved. Nor are such declarations to bo received against another alleged co-conspirator, after the object of the conspiracy has been achieved.</p>

<p>A third person, not party to a suit, may appeal from the judgment rendered in it, provided he proves, or it appears from the record, that he has a pecuniary interest in the suit, and is aggrieved by the judgment.</p>

<p>When tli? exemption Alert by a defendant, is in substance an answer, and is reform! by tti- court to thn merits, the case is fairly at issue, and may bo tried and adjudicated, without any further answer.</p>

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

<p>A legatee who has accepted, and entered on the enjoyment of his legacy, can not afterward demand that the terms and conditions of the legacy shall bo changed.</p>

<p>Tho judgment of a court removing an under-tutor can 'not be suspensivelv appealed from. Such a judgment must be provisionally executed.</p>

<p>A suit against a ship, or other vessel, and her captain and owners, without naming the latter, accompanied by a provisional seizure, or sequestration of the vessel, is an action in rem, and of such an action, the State courts have no jurisdiction.</p> <p>Only the admiralty courts have jurisdiction of suits in rem against vessels.</p> <p>In apersona! suit against the captain, or owners of avessel, the vessel is subject to attachment, or any other conservatory writ, that any other species of property is.</p>

<p>The surviving widow, although a former concubine, and only married a few days before her husbands’s death, is entitled to all the rights enjoyed by any other widow, under the homestead law.</p> <p>The widow’s claim under the homestead act ranks all privileges, except that of the vendor.</p> <p>If the proceeds of the movables and unmortgaged property of a succession do not suffice to pay off its privileged debts, those debts must be first referred for payment to the proceeds of its property incumbered by the youngest mortgage.</p> <p>The vendor’s privilege is only operative as to third persons, from the moment of its registry.</p> <p>The vendor’s privilege will not take rank over a mortgage recorded before its own registry, unless its own registry was made on the day of the sale.</p>

<p>A PPEAL from the Superior District Court, parish of Orleans. HaioXX kins, J.</p>

<p>The Legislature can not change the judicial districts pending the existing terms of office of the district judges.</p> <p>When a portion of one parish, situated in a certain judicial district, is annexed by the Legislature to another parish, situated in a different judicial district, it will become a part oí the latter judicial district, on the expiration oí the existing terms of office of the district judges, unless the Legislature shall otherwise provide.</p>

<p>The State may incorporate a company to convert an unnavigable, into a navigable stream of water, and, under the express or implied consent of Congress, may authorize the corporation to assess a charge for the use of tho stream, on all vessels which shall thereafter navigate it. And such a charge is not a toll, or duty, forbidden by the constitution of the United States, but is a compensation for labors actually performed by the corporation, and availed of by said vessels.</p> <p>The consent of Congress, by which the State is authorized to empower one eorpora- ' tion to assess a toll for performing certain services, will, unless expressly .withdrawn by Congress, inure to the benefit of any subseauent corporation chartered by the State to perform and which does perform said services.</p>

<p>'■When the judgment does not condemn the defendant to pay a certain sum, or do a certain act, the bond for a suspensive appeal must be fixed by the judge, and need only cover costs. An appeal by motion in open court can only be taken pending the term of court, during which the judgment was rendered.</p> <p>"The delay for taking a suspensive appeal can not be extended by agreement of counsel.</p> <p>This court is absolutely without jurisdiction of any appeal, taken after the legal delay for an appeal has expired.</p>

<p>A PPEAL from the Second District Court, parish of Orleans. Tissot, J.</p>

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

<p>j^EPEAL from the Fourth District Court, parish of Orleans. lynch,</p>

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

<p>The acknowledgment of a succession debt by the administrator, interrupts its pre-' seription.</p> <p>A debt of a succession, once acknowledged by the administrator, whether the debt be in the form of a note, or open account, if prescriptible thereafter, is only prescribed in ten years.</p>

<p>j^PPEAL from the Parish Court, parish of St. Landry. Ileicl, J.</p>

<p>APPEAL from the Third Judicial District Court, parish of St. Maryt Train, J.</p>

<p>ÁPPEAL from the Sixteenth Judicial District Court, parish of Yermilion. Moutón, J.</p>

<p>The probate court in which a succession is opened has jurisdiction. o£ all suits to-destitute the administrator and all demands involving his duties.</p> <p>Two or more demands, not exclusive o£ each other, may be properly cumulated in one suit.</p>

<p>The tax-sale of property which has been assessed, and sold as the property of one who is not the owner, conveys no title to the purchaser.</p> <p>The tax-sale of property is fatally defective, if the assessment or the advertisement under which the sale is made, contains no description of the property sufficiently spocific to clearly identify it.</p> <p>The assessment stands in lieu of a judgment. It is the foundation of all which follows, and must contain an accurate and sufficient description of the px'opcrty, as required by-the statute.</p> <p>The want of such description in either the assessment, the advertisement for sale, or in the tax-title is fatal to such title.</p>

<p>APPEAL from the Sixteenth Judicial District Court, parish of Vermilion. Mouton, J.</p>

<p>The admissions, confessions, or declarations of a person accused of crime, can not be received in evidence against- him, unless the witness who testifies to them, is able to state at least the substance of them.</p>

<p>The police jury ol a parish is liable for any actual damage caused to a neighboring-inhabitant, by building any work of public convenience that obstructs an unnavigable water-course; but the jury will not, if the work be of great convenience to the inhabitants of the vicinage, be compelled to remove it.</p>

<p>Judgments of the courts of the country parishes only take effect from the last day of the term of court at which they were rendered, no matter on what day of the term they were signed. Hence, prescription of such judgments only begins to-run from the last day of the term in which they were rendered.</p>

<p>^PPEAL from the Parish Court of the parish of Yermilion. Kibbe,</p>

<p>A minor can not sue bis tutor for what may bo duo him by the latter, nor sue to subject to his claims his tutor’s property, during the existence of the tutorship.</p> <p>An heir who has attained majority oan not subject any part of his tutor’s property to the legal mortgage he may have on it, until he has first obtained a judgment of liquidation and settlement of his claims against the tutor.</p> <p>The probate, and not the district court of the parish, has jurisdiction of suits by heirs against their tutors for settlement of tutorship affairs.</p>

<p>The tutor o£ minors is a proper party to sue £or the removal oí an under-tutor.</p> <p>Where the tutor of minors, who has been appointed by the probate court o£ one-parish , removes with the minors and resides in another parish, the probate court of the latter parish will have jurisdiction oí a suit brought by him to remove-an under-tutor.</p> <p>Property of minors, unless sold to pay the debts of the succession, must bring the full amount of its appraisement. Otherwise, its sale will be annulled.</p> <p>Actions to set aside public sales on account o£ any informalities connected with them, are prescribed, as to all persons, in five years.</p>

<p>A motion to strike out the answers oí a witness, as irrelevant, or not responsive, should be passed On by the court separately, as a preliminary matter, and not referred to the merits.</p> <p>The answers of witnesses, if practicable, should amount to mere admissions, or denials. Every thing additional will be stricken out, except such statements of fact as are explanatory of, and “closely linked” with the Questions propounded.</p> <p>In the absence of proof to the contrary, it will be presumed that notaries of other States have no greater powers than are possessed by those of this State.</p> <p>When extracts from commercial books are ordered by a court, they must be literal transcripts from the books, not accounts based on the books.</p>

<p>Persons on trial for alleged crimes have a right to demand that all of the regular venire of jurors present, and not then engaged on other jury duty, shall be submitted to their aeeeptanee, or rejection, before talesmen are resorted to for the formation of juries.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Lincoln. Trimble, J.</p>

<p>The pledge or salo o£ a negotiable instrument beforo its maturity carries with it all the liens by which the instrument is secured, and by such sale, or pledge, the transferee divests himself of all power to affect the liens which secure the instrument.</p> <p>The unauthorized cancellation of a mortgage by the recorder of mortgages, can not impair any rights of the owner of the mortgage.</p>

<p>Farol evidence is admissible to explain that a party’s name on a negotiable instrument was not intended as an indorsement.</p>

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

<p>Neither a citation of the defendant, nor a previous judgment of default, is necessary to the validity of a judgment based on the confession of the defendant.</p>

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

<p>When an administrator is ordered by the court to lease succession property at public auction to the highest bidder who shall furnish approved security, ho may at once, without additional advertisement, re-auction the lease, if the highest bidder at the first auction fails to furnish the prescribed security.</p> <p>A liability for damages on account of any malicious wrong is strictly personal.</p> <p>A judgment in favor of a party who has subrogated another to his claim is illegal;</p>

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

<p>In a suit to enjoin a wrongful seizure, and to recover damages on account of it, plaintiff may prove the amount of his attorney’s foes, like any other element of damage.</p> <p>The fact that a debtor has other property than his homestead, or has fraudulently disposed of other property, does not affect the exemption of the homestead, if his condition brings him within the operation of the homestead law.</p>

<p>j^PPEAL from the Parish Court of Ouachita parish. Slack, J.</p>

<p>Evidence to support a-motion to dismiss an appeal on the ground of acquiescence of appellant in the judgment, may be filed any time before the case is submitted.</p> <p>If an issue is made, as to whether appellant has acquiesced in the judgment, it must be passed on by the lower court before this court will consider it.</p>

<p>^PPEAL from the Parish Court, parish of Ouachita. Baker, J.</p>

<p>The consent of a rmmieipal corporation to a contract may be as effectually given by the action or inaction of the common council, as by a formal resolution of the council.</p>

<p>Property purchased during marriage in the joint names o£ husband and wife is community property, although paid for with the wife’s paraphernal funds.</p>

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

<p>APPEAL from the Eleventh Judicial District Court, parish of Lincoln. Trimble, J. Trial by jury.</p>

<p>Where an act ol the Legislature authorizes a parish to issue its bonds for a certain purpose, in such form and denomination as the police jury of the parish may prescribe, the police jury must specifically authorize the issue of such bonds, and in default of this action of the police jury, all bonds issued under color of said legislative act are invalid.</p> <p>Political corporations are not bound by tlio unauthorized acts of thoir agents, when the mandates of the latter are of record, or embodied in a statute.</p>

<p>APPEAL from the Ninth Judicial District Court, parish of Bapides. Bowman, Judge ail hoc. Trial by jury.</p>

<p>APPEAL from the Eourteenth Judicial District Court, parish of Ouachita. Parsons, J.</p>

<p>An indictment charging an act, with intent to commit m urcler, which does not aver that the act was " willfully and feloniously ” done, is fatal.</p>

<p>If the real owner of property allows it to stand recorded in tho name of another, by a title translative of property, he puts it in the power of that other to create a valid mortgage on it.</p>

<p>APPEAL from the Seventeenth Judicial District Court, parish of Red River. Pierson, J.</p>

<p>In. a contest for an elective office all of the relevant facts of the election will be scrutinized by the court, and'all legal evidence tending to show who was the real choice of the suffragans, or who would have been, under an honest execution of the election laws, is admissible.</p> <p>'Except when the prescription of an election-law is that a thing shall be done in a certain way, and not otherwise, it will be construed as merely directory.</p> <p>'The disregard of a merely directory provision in an election-law, will not invalidate an election held under that law, if such disregard has not admitted the votes of disqualified, nor excluded the votes of qualified voters, nor clothed the result of tho election in doubt.</p> <p>'The failure to return the result of a certain poll, within the time prescribed by law, does not of itself authorize tho rejection of the vote of that poll.</p> <p>Votes fraudulently east, and those of disqualified persons, must be rejected.</p> <p>Votes east at a place clandestinely selected by a supervisor of election, and inconveniently remote from the polling-place legally fixed, and published, must be excluded from tho count.</p> <p>'The object of all laws regulating elections is under our system to secure tho great end of carrying out tho popular will; and courts of justice will interpret them so as to secure and not to defeat that end.</p> <p>A fundamental principle of American and Louisiana law is, that it is the casting of the ballots, unimpeded by force or fraud, which determines the result of olec■tions. Tho police regulations made to secure that result are merely subsidiary to it.</p> <p>It is in the power of no officer or set of officers to substitute their own will for that of the people, and whenever it is attempted, it is the duty of the courts, when properly appealed to, not only to enter upon the inquiry, but to undo the wrong and award the right.</p>

<p>APPEAL from the Seventeenth Judicial District Court, parish of Red River. Pierson, J.</p>

<p>APPEAL from the Seventeenth Judicial District Court, parish of Rod River. Pierson, J.</p>

<p>An unfair preference given by an insolvent to. one creditor, and his misrepresentations to his creditors, intentionally made to lull them into a deceptive sense of security, will justify them in attaching h'is property.</p>

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

<p>The validity of a mortgage will not be affected by an error in the number of the “ range” in which the property covered by the mortgage is situated, if the property is otherwise described in the mortgage with such certainty as to clearly identify it.</p>

<p>An indictment lor stealing need not expressly designate the offense charged as grand or petty larceny.</p> <p>The parish courts have jurisdiction, and hence have power to receive informations, in all criminal cases, when the offense charged is not' necessarily punishable with death, or imprisonment at hard labor, and when the accused waives his right of trial by jury.</p> <p>A mere opinion as to the guilt of the accused, unassociated with any bias, or prejudice, does not disqualify a person to serve as juror.</p> <p>The judge is authorized, on his own motion, to strike a juror from a regular panel, if satisfied that the juror is morally unfit to return a just verdict.</p>

<p>The clerks of the lower courts are authorized to record all decrees and mandates of the Supreme Court, made in cases originating in their courts, and to issue all legal processes necessary to the execution of such decrees and mandates.</p> <p>A judgment of this court, rendered for or against a person dead, and not represented here, is an absolute nullity.</p> <p>Any judgment absolutely null may be attacked collaterally, and by any one against whom, it is sought to be enforced.</p>

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

<p>A mandamus will not lie'to compel the mayor of a city to perform a duty which belongs solely to its common council.</p> <p>■The service of the writ of mandamus must be on the special officer, or officers of the municipal corporation, who are legally required to do the thing demanded.</p>

<p>After the dissolution of the community, the husband, as its former head, has no power to sell, and can convey title to no greater part of the community property than his undivided half-interest in it.</p> <p>An agreement to sell property for a certain price, on a certain future day, and convey a clear title to it, is not a sale, but a promise to sell; and if the one who so promises fails to fulfill his agreement, he releases the other party to the agreement, and becomes liable for whatever damages his breach of compact has caused the latter.</p> <p>The tender by one party to a commutative contract to perform his part of it, made long after the time fixed for its performance, is too late to put the other party in default.</p>

<p>REPEAL from the Probate Court, parish of Caldwell. Barry, J.</p>

<p>The officers of a municipal corporation can not create obligations binding on the corporation, unless their power to do so is express; or necessarily, or rationally implied by the powers that are expressly granted to them in the charter of the corporation, or is essential to the objects for which the corporation was created.</p> <p>The power granted by the charter of a corporation to give such bonds as might be necessary in the conduct of its litigation, or in the current administration of its affairs, does not authorize the issue of bonds for raising money.</p> <p>A negotiable form will not impart validity, even in the hands of a bona fide holder for value, of an obligation of a corporation which it had not power to. contract.</p> <p>The officers of a municipal corporation can create no debt against the corporation, unless the ordinance creating the debt imposes a tax for its extinguishment.</p>

<p>Where a principal has dealt with a merchant through an agent acting under a written power of attorney, the merchant may prove by parol the correctness of his account, and any acknowledgment of its correctness, or any ratification of it by the principal, even if the agent has transgressed his mandate, or there are charges in the account which could not be legally enforced.</p> <p>Where a factor’s account is closed, stated, and rendered, at the end of the commercial year, and not objected to by his client, showing a balance in his favor composed of principal and accrued interest, on such balance interest may be charged in any subsequent accounts between the parties. Interest on such abalance is not compound interest.</p> <p>Ratification by the principal of the unauthorized acts of an agent makos those acts binding on the principal.</p> <p>A power of attorney sufficiently comprehensive to authorize the agent to manage a plantation, and disburse the proceeds of its crops, will justify the factor who sells the crops to pay out their proceeds on the orders of the agent.</p>

<p>j^PPEAL from the Eifth District Court, parish of Orleans. Sogers, J.</p>

<p>j^PPEAL from the Parish Court, parish of Ouachita. Slack, J.</p>

<p>REPEAL from the Parish Court of Ouachita parish. Slack, J.</p>

<p>APPEAL from the Twelfth Judicial District Court, parish of Franklin. Crawford, J.</p>

<p>^PPEAL from the Parish Court of Bossier parish. Fort, J.</p>

<p>APPEAL from the Eleventh Judicial District Court, parish of Lincoln. Graham, J.</p>

<p>The law which empowers judges to suspend sheriffs from office, on account of the latters’ neglect, or refusal to perform their duties, is constitutional.</p> <p>The office of district attorney pro tempore has not been abolished.</p>

<p>j^PPEAL from the Parish Court of Ouachita parish. Slack, J.</p>

<p>The admission by tho plaintiff that an absent witness of defendant would, if present, swear to certain facts, will not debar the plaintiff from disprgving the facts.</p> <p>What a witness has deposed in a previous examination, in the samo case, is admissible to rebut his testimony.</p> <p>In a criminal ease tho judge may, even after the evidence is closed, reopen the case at any tipie before the argument begins.</p> <p>The juries in criminal eases, as a rule, should not be permitted to take with them to their places of consultation any part of the evidence that may be in writing. They must rely on their recollection of the evidence.</p>

<p>ÁRPEAL from the Fifth Judicial District Court, parish of East Feliciana. Mo Vea, J. Trial by jury.</p>

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

<p>A PPEAL from the Parish Court of Bossier parish. Fort, J.</p>

<p>APPEAL from the Twelfth Judicial District Court, parish of Franklin. Taliaferro, J.</p>

<p>^PPEAL from the Parish Court of Caddo parish. OrressioeU, J.</p>

<p>REPEAL from the Parish Court, parish of Ouachita. Black, J.</p>

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

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

<p>Tho dismissal of a suspensive appeal, for want of the proper bond will not prevent the appellant from taking a devolutive appeal, within tho legal delay.</p> <p>The payment of fieri facias, under tho threat of the sheriff to seize and sell defendants’ goods, is not of itself conclusive of his acquiescence in the execution of judgment against him.</p>

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

<p>j^PPEAL from the Fifth District Court, parish of Orleans. Cullom,</p>

<p>^PPEAL from tho Superior Criminal Court, parish of Orleans. Steele,.</p>

<p>j^PPLICATION for writs of mandamus and prohibition.</p>

<p>The Legislature may, within constitutional limits, make any changes in the boundaries of parishes, and of judicial districts. It may, in forming j udicial districts, divide the territory of a parish into two, or more districts.</p> <p>The act of 1870, making the Sixth and Seventh Municipal Districts of the parish of Orleans a part of the Second Judicial District, is constitutional.</p> <p>The Seventh Municipal District of the parish of Orleans being a part of the territory of the Second Judicial District, the Superior Criminal Court for the parish of Orleans has no jurisdiction of any offense committed in said municipal district.</p>

<p>QN application for a mandamus.</p>

<p>A PPEAL from the Superior District Court, parish of Orleans. Lynch, J.</p>

<p>A PPEAL from the Sixth Bistrict Court, parish of Orleans. Saucier, J. O. Trial by jury.</p>

<p>The bond for a suspensive appeal from a judgment dissolving an injunction, need only be for an amount that shall exceed by one half the damages decreed by the judgment of dissolution, and costs.</p> <p>An application for a mandamus should be made in the name of the State, but it is not absolutely necessary to do it, when the petition contains substantially what the law requires.</p>

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

<p>Going into the Confederate lines, and remaining there during the late war, by the tutor of a minor, did not forfeit his tutorship.</p> <p>The consideration, of a negotiable note given by the tutor of the minor, as such, on the advice of a family meeting, may be inquired into in the hands of the payee, or of any third person who has taken.it after maturity.</p> <p>The tutor can not revive a debt against a minor which is prescribed.</p>

<p>j^PPLICATION for writs of mandamus and prohibition.</p>

<p>This court will not issue a writ of prohibition to a lower court forbidding it to proceed in a qase before it, of which it has not jurisdiction, until a plea to its jurisdiction has been filed in the lower court, and overruled by it.</p>

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

<p>Where a motion in open court for a suspensive appeal has been refused, and the mover, pending the term of court at which his motion was refused, makes no application to this court for relief, he can not obtain a mandamus to compel the successor of the judge who refused his motion, at a subsequent term of the court, to grant the appeal,</p> <p>It is too late to apply to this court for a mandamus to compel an appeal to be granted, when the term of this Court, at which the appeal was "asked to be made returnable, has expired, without any effort having been made by the applicant to obtain relief from this tribunal.</p>

<p>^PPEAL from the Sixth District Court, parish" of Orleans. Saucier, J.</p>

<p>Before a third person can sue on a policy of insurance to which he is not a party, no matter what his interest in the insured property may be, it must be shown that the policy was assigned to him with the written consent of the assurer, and that the property assured had been assured as his property.</p> <p>A claim not set up in the pleadings will not be allowed by this court.</p> <p>A consignee who fails to insure property shipped to him and received by him, after having been instructed to insure by the shipper, is liable for any loss resulting from his not having insured.</p> <p>A consignee who has insured a consignor’s property in his, consignee’s, name, and fails to collect the insurance money, becomes liable himself as insurer.</p>

<p>j^PPLICATION for a mandamus.</p>

<p>"When. an owner ol property within this State, who is absent from the State, is sued, in a court, -within whose jurisdiction the property is situated, he may be brought into court and have a judgment in ran rendered against him, either by attaching the property, or by having a curator ad hoc appointed to represent him. Service of citation on such curator is sufficient.</p> <p>The purchaser of unmortgaged property, sold under the decree of a court of competent jurisdiction, rendered in a suit where the proper parties were duly represented, can not have his title to the property assailed in any collateral manner ; or, on the ground of irregularities in the legal proceedings which only the defendant in the proceedings could plead.</p> <p>The adjudication of property sold under execution, at the suit of a privilege creditor, for a price less than the amount of a prior privilege is utterly void.</p> <p>Seizure of property under the execution of a valid judgment, gives alien on the property, superior to any privilege recorded against it subsequent to the seizure.</p>

<p>APPEAL from the Second Judicial District Court, parish of Plaque-mines. Pardee, J.</p>

<p>In tlie selection ol the persons from whom the regular juries shall be drawn for the-trial of cases in the Superior Criminal Court for the parish of Orleans, the jury-commissioners appointed under the law to make the selection, can not delegate-that duty to any other person.</p> <p>The jury commissioners must themselves make the selection, and must make it. from all the Qualified voters of the parish of Orleans.</p> <p>.Their mere approval of a selection made by some one else, can impart no validity to the selection.</p> <p>A jury commissioner who has accepted another office, and Qualified in it, is thenceforth constitutionally disqualified from serving as a jury commissioner.</p>

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

<p>A principal who employs an agentto do a legal thing, is not liable in damages for any illegal act of the agent done in the execution of the mandate, to which tho principal was not accessory, or privy.</p>

<p>APPEAL from the Fourth District Court, parish of Orleans. Lynch, J. Trial by jury.</p>

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

<p>The only evidence required to authorize a court to grant an order of seizure and sale, on certain promissory notes of the defendants, secured by a mortgage im- . porting a confession of judgment, is a properly certified copy of the act of mortgage passed before a notary public and two legal witnesses, with the notes themselves paraphed by the notary, and identified with the act.</p> <p>Where a debtor makes a part payment of a debt evidenced by his two mortgage notes, one of which is due, and the other not due, and the partial payment is receipted by the creditor across the face of the matured note, the payment will be imputed to that note. In such case an order of seizure and sale need not make any imputation of payment; nor need such an order fix the exact balance due a creditor to whom partial payments have been made.</p> <p>On appeal from an order of seizure and sale this court will not consider the rights and obligations of the parties, growing out of another suit. On such an appeal but one question will be considered, and that is, was the evidence before the court below sufficient to authorize the order.</p>

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

<p>A judgment debtor, who having applied tor a suspensive and a devolutive appeal in the alternative, elects to take the devolutive appeal, and gives the bond fixed by the court for that appeal, forfeits his right to a suspensive appeal, and therefore is not entitled to a writ of prohibition to arrest the execution of the judgment.</p> <p>To suspensively appeal from a judgmentwhich orders the delivery of movables and immovables, the amount of the appeal bond should exceed by one half the estimated value of the movables, and of the revenues to be derived from the real estate pending the suit.</p>

<p>A PPEAL from the Sixth District Court, parish of Orleans. Saucie?', J.</p>

<p>The deed oí a State tax collector is not conclusive ol the legality of the title conveyed by it. If such a title is properly put at issue, its validity must be proved by the party claiming under it,</p> <p>A mandamus will not issue, at the instance of a purchaser of real estate at a tax sale, to compel a recorder of mortgages to erase the privileges and mortgages recorded against the property (when the holders of the liens oppose their erasure), until such erasure shall have been decreed in a regular suit, conducted contradictorily with all the parties holding.the recorded liens.</p> <p>A mandamus can only bo appropriately invoked, to enforce an ascertained right, or compel the performance of a recognized duty, in cases whore the ordinary legal processes do not afford an adeauate remedy.</p>

<p>In counting the ten days delay within which the bond for a suspensive appeal írom a judgment of a lower court must be filed, neither the day on which the judgment is signed, nor Sundays, nor the day on which delay expires, is to be included.</p>

<p>APPEAL from the Superior District Court; parish of Orleans. Lynch, J.</p>

<p>APPEAL 'from the Fifth District Court for the parish of Orleans. Cullom, J.</p>

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

<p>An act of the Legislature proposing an amendment to the constitution has, before it has been ratified by a vote of the qualified voters of the State, no effect whatever.</p> <p>The amendment of the State constitution, adopted by the popular vote in November 1874, which forbids any increase of the debt of the city of New Orleans after the first of January 1876, did not design to prevent the payment of any pre-existing legal debt of the city, in the way stipulated in the contract creating the debt.</p> <p>No State has the power, either by legislative enactment, or by amendments of her constitution, to impair the obligation of pre-existing, valid contracts.</p> <p>When a municipal corporation has legally contracted for certain work to be done, and to be paid for in a certain specified way, the corporation may, on the completion of the work, be compelled by mandamus, to carry out the stipulations as to payment contained in the contract.</p>

<p>The answer filed in a suit by a defendant admitting that he had In his hands a specific fund, for distribution among certain creditors; and that the plaintiff appeared” to be one of those creditors, with the first preference claim on said fund; but asking that all of said creditors be cited as in concurso; and expressly setting up the plea of general denial, can not be construed as involving a con- ". fession of judgment in favor of the plaintiff; although he may have the ranking , lien on the fund in the defendant’s hands.</p> <p>An appeal will not be dismissed on the ground that the appellant confessed judg- ' ment in the court below, when he contests the confession, and it seems to be the only ground of the judgment.</p>

<p>A suspensive appeal will not lie from an order granting an injunction, when itdoes not clearly appear that the injury complained of as arising from the injunction is irreparable; such as the appeal on the merits can provide no adeauato remedy for.</p> <p>A suspensive appeal will lie from an order of court, which rescinds a previous order of the court setting aside a writ of injunction on bond.</p>