Volume 6 — Martin's Louisiana Term Reports, New Series (1821–1830)

<p>The plaintiff has a right to put his case to the jury, and cannot be nonsuited by the court contrary to his will.</p> <p>A justice of the peace derives no protection from his official capacity, when he does not act within his juris* diction:</p> <p>Free persons of colour are entitled to a trial by jury* and cannot be tri$d for of-fences by a justice of the peace:</p>

<p>when the judgment of «ouit is the foundation of a C¡T‘Í 8U‘ ⅛ may be gt\eo ihereoiTnce</p> <p>When such a court, without exceeding its authority, directs the payment ef a fine, it cannot he decreed to another person while the judgment remains in fo ce.</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district,</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district,</p>

<p>Appear from the parish court of the parsih JefferSOO.</p>

<p>Appeal from the court of the fourth distriCt.</p>

<p>Appeal from the court of the first district.</p>

<p>When a new trial is refused below, the case will be remanded for it, if the supreme court sion oftheju-</p>

<p>Appeal from the court of the third district.</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district,</p>

<p>Tin: owner will recover for injury to lós goo u on board of the jessei, aitho> tUsv were re* roove(l from the quay, if there is full proof of their ⅛⅛⅞ been bi</p> <p>the ntc- salty of se iing- ama-get! goods at autUon-</p>

<p>A sentence rendered in n court of admiralty vhich is appealed from, d^es not prove a fals fication cf the v/arran-af-DurSig"the</p> <p>During the dependency of cause ,™ the admiralty e The Insured may be crrtinued ,f°ra reasons-</p>

<p>Appeal from the court of the first district</p>

<p>The laws of the domicil of origin govern the state nnd c-mimon of the minor m whate?er country he</p> <p>¿person bom in Lou-⅛¾» wi i be re" not cease before 25.</p>

<p>Appeal from the court of the parish and • (* t%t /\ i citvof New-Orleans.</p>

<p>Although it be stipulated that a build-deUvered0 M«i*of*rtprby the owners-eeive it from the contract-er, and occu-cMuothre.i»t t>heIgroand°n that experts did not aPprove the work’</p>

<p>if the submij. sion be to an award under the hands and the essential.</p>

<p>If the two experts disagree ineneSesSofUá signature sub-themd pointed^6 ap’</p> <p>meiit’Ys? not void because itwants adate Experts can-with 0⅞«0<⅛«<:</p>

<p>Appeal from the court of the first district.</p>

<p>. t . A party who without oppo-evidencio go to the jury, on faet aot Put m issue, is 0⅞“"⅛5⅛!1 °n</p>

<p>execution. Xhe aheriffis ⅛™'property hedeten-* dant, in the</p>

<p>The legislature cannot «megaw the power of mak-R 'a*s the state. si, “,⅜ «>d<\ c- lUained in ^ frj‘;ea'!oes 2nt t¡to.* of the Oh! Code is >et itt force></p>

<p>Appeal from the court of foe parish and city of New-Orleans.</p>

<p>Appeal from the court of the first district.</p>

<p>. It a earner by failing to according1'1'™ his contract, the measure of damage» ¡«he property?6</p>

<p>The mortgaged ctedi-agai-fst the proparty ⅛⅜ alienated t0</p> <p>who tcTthTact ¿r j8i7, renonn-fter risht on property “sot her menage on tKat whuU was previously alitnated. *0⅛6,^;!⅜⅝<! bandVesht“*¡ for the fruits ^ her paca-ph ;rnel e3-l?te> D0\ on„</p> <p>the1" ⅞';«tion of pa?ment, it is cot the debt first coutraoted> but tlm cons¡derédhto ancient</p> <p>A mortgage made Vb™eats sor p</p> <p>The proper certainingas estimated at-ter the sale,</p>

<p>Judgment cm n:-t be given vLd:r cited in v/arrsnty «hen the Hence docs not 0⅞*⅛⅛ land, independent <?f the im-iu'0ierat'us></p>

<p>when the en-sent, and is a instrument,an by reason of which the note was gi endorse^he^6 theprotectTonof mercaxoria.</p> <p>An act pa«-sed in a Varish judge’s req>dre°anyot t^ttor^m¡wá mortgage.</p>

<p>Appeal from the court of the third district.</p>

<p>Appeal from the court of the first district.</p>

<p>\ certificate of the clerk that tbe re~ Hrae “am™8 complete tran script of »u the proceed-o,e 8u°“, does not ena-the court to examine</p> <p>"When anote is annexed to and made pan fthepe-tition, there "b°Ja* probata.</p>

<p>rupted by fil-⅞1 but^y its service.</p>

<p>Appeal from the court of the first district,</p>

<p>An agent cannot, on pre-tence of ex-merdeedpas-sed by him, convey, by a second mstru-th?p«me of íhe sale.</p> <p>He by a deed correct verbal errors m the first,</p>

<p>An action lies against a sheriff> wl‘° esgoods :ther than those of ⅛ execution"*</p> <p>A plaintiff execution cannot teize ^e^et^aLt ‘0" ground” the sale to fe u</p> <p> TJng 'pjvl\ Jie wL 'mu¡r *«*■ </p>

<p>A trifling ta-ri*nce, between theex-pressions^used by the testator, and the words written</p> <p>dedaratory^f the testator’s</p> <p>may ask of the testator m what manner he wishes to dispose ot his</p> <p>soncd ePsut»s are made with refere:,co to the inventory mentapP a</p> <p>lue of the hire of slaves lent to him by his Sl^him entó</p> <p>of one sent to attend the child as a do-mestie.</p>

<p>Tne party ⅛ whose f&vor a stipulation is ⅛⅛ may110' ponto enforce</p>

<p>When por-session has by twcntf years! thority may be pre-suraed.</p>

<p>Appeal from the court of the parish and city of New-Orleans.</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the fourth district,</p>

<p>Appeal from the court of the first district</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district*</p>

<p>Material men frt work-SfbjXF'un-derlaker of a building, have no privilege buthraay°araii themselves of it.</p> <p>This claim u not postment’ofiX</p> <p>Neither of them acquires a preference over the other by a Seizure.</p>

<p>Appeal from the court of the fifth district</p>

<p>An insolvent .⅛ tar does n t ac^trre a disch rge <f hudeo - when the e-t editors fail to a pear; cr h--V3Hir rfaplf'h*ns" withdraw it.</p> <p>⅛ a suit to ascertain the sharr of one partn-r, sli panics?</p>

<p>Appeal from the court of the fifth district.</p>

<p>It is not es-sentia that a parish judge should statein ?“ ”°⅛ aPdonation to one of tne spouses, the po»te.?ty not'⅛' iog from the marriage,can pet take</p> <p>Thst person such at*1 the svcess®onfl e</p>

<p>Appeal from the court of the fifth district</p>

<p>Appeal from the court of the fifth district,</p>

<p>A party to anact cana ot aliedge its simulation when he has no counter letter.</p>

<p>Appeal from the court of the fifth district,</p>

<p>Qftl judgment "¡haULtthe having an-»wed, and without hay-a**i° judg-he nent will be wt</p>

<p>Appeal from the court of the fifth district.</p>

<p>Appeal from the court of the fifth district.</p>

<p>Appeal from the court of the fifth district.</p>

<p>Appeal from the court of the fifth district.</p>

<p>if land be given, t n condition that the builJ-ings of (he (’"the Xnc't-9, on the seat of justice of the p.«riih being n« jui^may 5°⅞5 they erected there-on*</p>

<p>Appeal from the court of the fifth district,</p>

<p>Dam«ges not be clam-ed, on a con-*r⅛ ⅛⅛¾^⅛⅛’’ the day of de-</p> <p>putt!ng diuen preceer?, aad need “ ⅛⅞⅛⅛-.</p>

<p>The issue fraud vel non, pecuiwriy of the 1-rgni. ot the</p>

<p>* r , - _ APPEAL from the COUl’t ofthc fifth dlStHCt</p>

<p>Appeal from the court of the fifth district,</p>

<p>The general issue is waived bj the plea</p>

<p>Appeal from the court of probates of the . parish of St Martin. A</p>

<p>Appeal from the court of the fifth district</p>

<p>A bailment of cotton to be ginned is for uheHbaiiee i> bound to use thu care which piu-°"raBOn!:eru,‘</p>

<p>Appeal from the court of the fifth district.</p>

<p>It is >1 fetal ⅞^¾⅝⅛0,,* an authentic nuncupative r*raadeofiti having been written by the</p> <p>8llow. objections, the court will not reserve to the party of-fermg^ ⅛ the ⅛⅜5 will by prr-vate a«t.</p>

<p>Appeal from the court of the fifth district.</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the court of the sixth district</p>

<p>A mistake inwTitingthe sumfor which</p>

<p>An attorney is a good witness, when he is not called on to disclose ^se ⅛⅛. feskmai fa-</p> <p>tencyCofa witness, the-main question is, whement to be renderedmay be given in</p> <p>notkeof the ofthe debt principa*. ⅛</p>

<p>Appeal from the court of the sixth district*</p>

<p>... t Ajuagment against the oí a °ébt that^fie0 ac-terestbTthe foiis no ra asainst the original ere-ditor.</p> <p>After the death of a partner, the afeir; ot a tht^1 N-)i°iai'm bem-Vt'of t£,e surrivor theheirotthe deceased.</p>

<p>Appeal from the court of the sixth district.</p>

<p>manner teJno may bind ^11 be. bound.</p> <p>A witness who testifies against his go^d witness3</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the probate court of thje parish of Rapides. 1</p>

<p>if the interest on which the right to appeal be de-sup. court.— the case must be remanded.</p>

<p>Appeal from the court of probates of the pa-Vish of t^UpldeS»</p>

<p>a citation of proper'yserv-ed on the at-tomey on record, when the appellee resides in the state,</p>

<p>Thc &ird possessor cdn not be called aay^lftifa</p>

<p>if the defend-anlplead'that the injunction was improperly is-s«ed by a ■«uageofano^en'that °of °vi-the pkinfiff is without ti-tie, as the slave was bought into law-</p>

<p>Appeal from the court of the sixth district.</p>

<p>The appeal will be dismissed if the judge who grants it does . sum iorwhiCfc security is be ,;iven on day.return</p>

<p>Appeal from the court of the sixth district.</p>

<p>if the vendo* be not subro-gated to his vendor’sright of warranty, he cannot resort to the AYheiatter-.</p>

<p>Appeal from the court of the seventh district.</p>

<p>Property fraudently ^defendauC under an execution against him, ’till the sale be set aside.</p> <p>Such a sale the vendeeu not a party.</p>

<p>Appeal from the court of the seventh district,</p>

<p>Appeal from the court of the sixth district,</p>

<p>good ground uance?°ntin*</p> <p>airing1 tc-be'aiíowed'a time to answer objections to his</p>

<p>Appeal from the court of the seventh district</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the court of the sixth district</p>

<p>Appeal from the court of the seventh district..</p>

<p>4 decree of partition c appealed lr°partition STd*1 homoiot gathorise Tn appeal.</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the court of the eighth district,</p>

<p>If the cause be tried with-andTutofthe ofSthe couTf, the party cannot be relieved by a certiorari,</p>

<p>Appeal from the court of the fourth district.</p>

<p>sale may avail himself of ⅞⅛⅛⅛ ⅜⅞,⅛ ^⅛-out having pleaded it.</p> <p>Every in-par-man,d the production tpeahSesr "j-a third ,IX'r' son, and is ⅛ may otter ev-idcncc of jtf trtS</p>

<p>Appeal from the court of the first district.</p>

<p>The certificate of the notary who protested the note, Í3 ad-niissibie in evidence, al-not establish piínntifp8the cldi“ ’</p>

<p>An incom-. Plet® |?“ve¿ot tr^ evidence,</p>

<p>a grant of letters testa-an order that the will be executed,</p>

<p>Appeal from the court of the fourth district.</p>

<p>Appeal from the fourth judicial district</p>

<p>Appeal from the court of the parish and r*ivT i city of iNew-Orleans,</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the third district.</p>

<p>Appeal from the court of the fourth district</p>

<p>A demand payment d0OIÍmentban</p>

<p>Whether an abandonment was made in due time,isa pro-tTbiTacted on by</p>

<p>Appeal from the court of ihe third’ district</p>

<p>a cíaímlbr rent ¡9 barred .by the scription of five years.</p>

<p>Anact “⅛ p™ei accompanied by posses-</p>

<p>Appeal from the court of the first district,</p>

<p>The juris-appeiiatcfan court depend on the fact of a judjrmeat being ed ⅛ that of the inferior tribunal from peanieTand edn°byffethe ■produced1011 mentJ“dg'</p> <p>rig^hoefreat11¿° 18 tlThave the claim re-cognised,tho’ judgment cannot be given fur any specific amount, until curator renders his</p> <p>And ajury “⅞ the ⅞⅛⅞ ⅛ puted.</p>

<p>Appeal from the court of Probates, parish 1 of East Baton Rouge. ®</p>

<p>Appeal from'the court of the third district.</p>

<p>suá” °ascera trespasser, in jfaf may*1 cite the party by whose directions he acted, and who gave a bond</p> <p>mandedt vanuestimo-SveT* re</p> <p>A witness is not to be rejected, because he is a creditor of the estate the defentort S ances" havinr a TractSof°n scd'byThe*1 plaintiff, be receivedfrom the latter part of the price,m pay-debt* and re-rirtfon tee mortgage.</p> <p>⅛⅛¾* íandw^o/i witness in°a rescisión of the sole.</p> <p>Ti e order of a court of Prüb;(tes for appointing a evidence 1Sof menttP!be-nt’ soranoTparties thereto.</p> <p>whenado-curaent is le-sal evidence of a fact, and of an°-ther, and the ífiaHs the courts, it ons. objectl"</p> <p>daimJ u^er ⅛ Sa^e OB is bound to produce writ an<l judgment, but n° other pan of the ^rd of tbe</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the second district.</p>

<p>The last re* siJcnce of a Eerson who as removed out of the state, is the house in which he lived, not that occupied after his depart ture, by the family with whom he Uy?</p>

<p>A plaintiff does not lose his claim on a sheriff who has taken a 12-months’ bond without attempting</p> <p>⅛¾⅞⅞ third party.</p>

<p>A baílele# who does not record his contract, is any'privi-</p> <p>he men?a¿nst the debtor, should the judgment be pronounced two days af-*^nth®ndc^’ unre*</p>

<p>Appeal from the court of the eighth district..</p>

<p>Appeal from the court of the parish and city of New-Orleans. .</p>

<p>Surety on tionqbond,a' can’t plead</p> <p>ted the 9th maybe shewn to have been delivered the</p> <p>The words fuorteenhun-may “be berst/o«ríem</p>

<p>Appeal from the court of the eighth district</p>

<p>Pending an appeal from gation° o?10a distribution, none of creditors can ment ofPthe sumforwhich they are pía-ced on pie tableau.</p> <p>wife, by renounc-doeSh right°on that aUenated^by</p>

<p>" Where the endorser lives within three po'st-officef6 there6 is ’ not sufficient.</p>

<p>Appeal from the court of the first district</p>

<p>Appeal from the court of the first district</p>

<p>witness who ^ct which ⅛!! incom* petent, states at the same time facts ta restore his competency, his evÜenc« cannot be re#</p>

<p>The pen* dency of a ⅛ ther state, ⅛”8*11 in</p> <p>first ⅛ liable to the second and subsequent endor-</p>

<p>Appeal from the court of the parish and r - - city of New-Orleans.</p>

<p>The disturbed in sbspend nthe payment of the price of the other two</p>

<p>if the plain». tiff be indulge to perfect an irregalar service, the bail will not thereby be precluded “’⅛</p>

<p>The su-prerae court will not, fofuia”1 par" terfere S,wi“h roaUer1Cef°n fect‘</p>

<p>Appeal from the court of the first district</p>

<p>The confes. sion of the party cannot he divided, dence resulting from it may be de ■stroyed or weakened,in part or the whole, by dence.</p>

<p>A ppeal from the court of the second district»</p>

<p>When the pnly question is as to the weight the testimony is entitled to, the supreme courtrespects the conclusions of the jiiry.</p>

<p>Appeal from the court of the third district.</p>

<p>who htTre-neyon anex-ecution, can** the prescription of five years.</p> <p>The delay °f a demand during seyen y,ears» and the oírcum-d”btS1 accra-⅛⅞ outds,mdud-⅛⅞⅛/ ⅛⅞ outds,mdud-⅛⅞⅛/ sche-e, are not evidence of payment.</p>

<p>A creditor by judgment* rendered af-™“”ot priority* thathermar-CStm^ñot</p>

<p>The credi_ tor can put other man-than by* writing, notarial protest, or a de-; mand proven by the testi-of tWo1 witnesses.</p>

<p>District & parish courts are not inr competent to entertain suits against tutors, curators, and executors rations materia,</p>

<p>Appeal from the court of the parish and 1 city of New-Orleans.</p>

<p>stitution of to’fa-ply f° a case aright of property claimed⅛. them by a ci-of the state where ⅛ ⅛</p> <p>ancth^state th0 ;]aTe ⅛ quere.</p> <p>of title slave is not ti^witVpos-extends h'to cases where possession ¾ is vendee^the compelled to bring suit for</p>

<p>Appeal from the court of the parish and city of New-Orleans.</p>

<p>“obea^erand the holder are mhstSew he came by it bomjide.</p>

<p>A plaintiff, ^“delivery ^aa a“ an! ting the delivery. interest cannot be allow-eá on aeon-tract made ™ygla"ed 011 tomVry^with “hat itlsau-iaw?Zcd</p>

<p>Appeal from the court of the third district</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the first district,</p>

<p>Appeal from the court of the parish and city of New-Orleans, J</p>

<p>gaged may be sold iots.s°parate</p> <p>dantwhodS cannot ⅛?— heard in th? court ad quam,</p>

<p>⅛ bottomry & á^Se* to ofong^erau-</p>

<p>The copy of a j>lan cer-been taken from the ori* g^ai, by a surveyor not possession</p> <p>remand newevidence when they think the justice of the case requires</p>

<p>An administrator does personaRyU-feuer °an-his SienoCfntheho property of the estate, would be paid as soon as the money was collected~tvf °P proofof such collection,</p>

<p>Appeal from the court ofthe second district,</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the court of the second district.</p>

<p>Joint owners must contri-to^iseiuTelí red seo¿ncthe ajomtowner having the management ofit, when no opposition on their part has been made to such expen-■*s"</p>

<p>Appeal from the court of the eighth district.'</p>

<p>The obligor in a penal obligation, one of the ™ribedPbythe code, before penalty can be exac</p>

<p>Plaintiff⅛ hypothecary action need not allege ownership in defendant: allegation of P°!Lsession snmces,</p>

<p>The contract of insurance is to be construed with where made.</p> <p>⅛-evitable are «ot a subject of ¡cu oral average,</p>

<p>Appeal from the court of probates of the parish of West Feliciana.</p>

<p>Appeal from the court of the first district</p>

<p>Appeal from the court of the parish and * city of New-Orleans. J</p>

<p>Appeal from the court of probates of the ' . . parish and city of New Orleans.</p>

<p>The onus probandi lies tyTvhich'has Uve of apro-positwn.</p>

<p>Appeal from the court of the first district.</p>

<p>The names of subsequent endorsers need not be set out in an gainst the maiier.</p>

<p>Appeal from the court of the fourth district</p>

<p>„ ... Creditors may oppose of^isteibutr on at any mentToS-bídngígned.</p>

<p>Appeal from the court of the first district.</p>

<p>Appeal from the parish court of the parish * and city of NeW-Orleans. J</p>

<p>Appeal from the court of probates of the parish and city of New Orleans.</p>

<p>Appeal from the court of the third district.</p>

<p>claimed, aa of0"procced. lug inSthe same demand may be^ the convention.</p>

<p>If the sure. (°r the at* tacnment bond be wan-wit-Eat a ⅛¾⅜ ^¡fatuto</p>

<p>Appeal from the court of the first district</p>

<p>Appeal from the court of the first district,</p>

<p>He who fecou venes is considered as a plaintiff, S¿ a finding in his favor, without limitation, must be viewed as embracing his whole claim.</p>

<p>whether two sheriffs togCiher "for turns, on different writs same</p> <p>The for an illegal p/“™ibedby y*ar\</p>

<p>a. grant in the usual form, and sisne{l by an officer autho-nsedtogrant land under deJcfto^o «⅛⅞⅛ propel!*! grant,9orpo-cumstances prevented a title passing, are question* as to the ef' feet, not the grant.</p>

<p>A curator”' cannot be allowed credit for higher than legal fees paid b^ him.</p> <p>suffCTfb™the peísonVhom he entrusts the coi-lectiorr of a note of the estate.</p>

<p>Appeal from the parish court of the parish *■ * and city of New-Orleans.</p>

<p>. a minor, un-eSstingfaw” might be</p>

<p>Appeal from the court of the first district.</p>

<p>57' ”, ,The Pre; sfcription ot the action of a party, injured by a wins fromthe return. .</p>

<p>No appeaj lies from the courTof °⅛⅛ transfer0 a federal eonrt</p>

<p>Appeal from the court of the parish-and eity of New Orleans. •' „ . . 1</p>

<p>Appeal from the court of the parMi and city ofNew-Orleans.</p>