Volume 7 — Martin's Louisiana Term Reports, New Series (1821–1830)

<p>counJ,ie ¾⅞⅞⅛⅛ tion of their</p> <p>compel them to admi¿ a member whom they not dulJ'</p> <p>oflTdUringat, such is a tr«gpa«4</p>

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

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

<p>in the case Of a concurso, an appeal refusaMo is-mission</p>

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

<p>Appeal from the court of probates of the parish of West-Feliciana.</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>J'ud^rmettS on a suit fot the price of a ve-sel, forms no rss judtea* b^iheTiteg*</p>

<p>Appeal from the court of the parish and *• citv of New-Orleans,</p>

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

<p>Appeal from the court of probates of parish and city of JNe\> -Orleans. *</p>

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

<p>appeal lies from a» order direct* ser to bring *¾ court*os</p>

<p>W hen it is necessary t* exnluinor re* but the tcsti» mony of the defepdflTit, court ha* power to peí? ⅞ plainnfi 1⅝</p>

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

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

<p>When the wife renounces the community, she has a mortgage on pro-band.</p>

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

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

<p>The buyer who discover* a defect in his title, has not the right rLcSTof the sale, but pension of payment till i^curity be given him.</p>

<p>Appeal from the court of probates of New-Orleans.</p>

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

<p>a party relieved,on ap-the denial of continu-anee, it appearing to sl‘Prera« court he used sufficient diligence.</p>

<p>alone juris-compeThim accoullt’</p>

<p>resuiates'the plea of prescription.</p>

<p>^withouta just title, owes the fruits from thebegiOBing of his possession.</p>

<p>A grant of| 20 aments in front with ⅛ Je¿ °af ^ 8oaclif the not’^ea^ beheM to he</p>

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

<p>Nothing but necessity justifies a deviation. The necessity ⅛ not to be tested by the event, but by all circumstances attending the case.</p>

<p>bieau, it may be opposed ^any^otheir the note oP not1 avaoan mortgage the given foi^the benefit of his endorser, less the mort-gage be assigned him When a creditor lays, claim to a better place rtn Iho fn-</p>

<p>lant cannot be relieved, unless there ^enV"^ch courtmay1*3</p>

<p>Appeae 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 eighth district. °</p>

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

<p>Privileged creditor has a right to a provisional seizure.</p>

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

<p>An executor who qualifi-t ed in another state, and re-statethepró-estate,⅛ able in the district court</p>

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

<p>The use of a common law on"“a proCess does not necessarily Englishprac-tictr1</p>

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

<p>Appeal from the court of the parish and • ,/-v i Gity ot Aew-Orleans.</p>

<p>Atpeai. from the court of the eighth district °</p>

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

<p>An attorney does not disclose pro íes-court!</p>

<p>Three creditors are ne-formal wn-curso, but three are not necessary to form a meeting.</p> <p>The creditor an ™soh vent who is on thl? ¡ngsEíTcS where the cf-fect oí them involved,</p> <p>The sale of an insolvent’ estate must made on the same and ^execution under the same formalities, as pro-</p> <p>SCntiaiaipre-sXsunder° execution, that public notice should shen o{ the time and aP\a.ceual which they ⅛</p> <p>Pnr,chaser under ¾ ior-ced sale does not acquire a when thlffor-malities of law have not been pursued</p>

<p>Appeal from the court of the fifth district— j'tdgc of the seventh presiding.</p>

<p>Appeal from the court of the fifth district—the iudge of the seventh presiding. J s 1 °</p>

<p>Appeal from the court of the fifth district—■ ⅛ e judge of the 7tn presiding.</p>

<p>The court may reject evidence^ deems immaterial,</p>

<p>iirivile?ed or mortagee nof obliged to discuss the „fa</p> <p>bound by the recitals in an act of sale,</p>

<p>Appeal from the court of the fifth district. The judge of the 7th district presiding.</p>

<p>Plaintiff who takes a 12 months’ bond and sues on it, is from denying that he took it ⅛ discharge of his defct,</p> <p>The return ⅛ *® ⅞⅛⅛ the creditor,</p> <p>There is no the^Sct at to'a stranger* to the defen dantin execution.</p> <p>Judgment against one debtor m so-lido, is no bar to recovery ac°"</p> <p>bom?not*a tbfdebt o°n which execution issued</p> <p>Nor does ^ operate a no-ration.</p>

<p>Appeal from the court of the 7th district— the judge of the fifth presiding.</p>

<p>In a sale on aJi. fa. the property passes by the adjudication</p> <p>If there be a variance deateTf the annex-edtothepe-„titi°n, and that stated in it, the former corrects the letter*</p>

<p>Ifthe debtor has a right to postpone payment on several notes given to the matt toSthey™sig-notes to Pre-ventarecov-ery on one which remained ⅛ the hands of the assignor. A jury must he prayed for in time to *he ⅜6⅛⅜<1 a</p>

<p>Appeal from the court of the 7th district— the judge of the fifth presiding.</p>

<p>Appeal from the court of the 7th district—■ the judge of the fifth presiding.</p>

<p>a buyer, while in the and umiis-turbed possession of the thing sold, cannot, by the , price, simply of^herightsof purchased110 codito'sus-i^t p when cBSiads e-</p>

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

<p>A purchaser of the property of a succession, cannot offer in compensation a note of the testator,</p>

<p>firmance an^damages If the appellant fail to bring up the record, the</p>

<p>The appeal will be dismissed, if not taken within the time prescribed by law.</p>

<p>Appeal from the court of the 7th district— . judge of the fifth presiding. J</p>

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

<p>Married wo. men cannot, under any circumstan-bands!"16*</p>

<p>Repossession of a note once special-&d tj^ns®¡1r’ °f ⅞* WaS</p> <p>0f a negotia-°wLby dorsement, may main-it, without filling up the ««meto h»m-self. ,</p>

<p>A judgment without reasons, is voidable, not void.</p>

<p>a copy ™”¡í b<eví-dence, when partyPhaslie produced the original under notice,</p> <p>a payment made under the provisions of the ⅛1 ?°⅜ to the holder of tion°bis§a the1 ward?evicted</p> <p>Aniaws in relation to are presumed to be made for cases subsequent to them.</p>

<p>There can-r!anbe b va' tween the instrument su-ea on ana evidence11 ⅛ made a plrt tionbe petl</p>

<p>a sale by a hlids^umier a will giving the Estate, exists a far-JbGtV IS not void, but voidable.</p>

<p>The letters of third persons are not evidence.</p> <p>Interest cannot be given on a ver-⅞⅝ w;here thejuryhave f0UEd</p>

<p>Appeal from the court of the sixth district —the judge of the 7th presiding. J & r o</p>

<p>Where a sjek^and cannot be courf,hhisev-¡lowiTon'a011 i^thTcaui, ^evidence,</p>

<p>Appeal from the court of the 6th district —the judge of said court presiding.</p>

<p>the vendee from a mortgage, judgment against the principal debtor will i“'*rcr^'st of</p>

<p>The right of the assig-nee must be established by matter of ⅛™ ⅛⅛⅛ sale?"</p> <p>partner cannot offer 8- partnership debt, ⅛ compensati-of a debt of his, in his ⅛1⅛⅛1</p>

<p>Appeal from the court of the sixth district—, the judge of said court presiding. J ° • 1 B</p>

<p>it is a good the dismissal of an overseer, that he uses grossly guage to his employer. ifthe deputy sheriff be absent from court on offi-ciai duty, his testimony oÍTfolm™ íheaLbmeWpeae" ties, may be given in evi-</p> <p>the plea of the general issue, the defendant may avail himself of the thfpart'i^W were part-</p> <p>a plea, that when the debt sued on became due, was subsequent to the commence-of the action, is a dili‘tory ex" ception, ana ^ter t^merits.01*</p>

<p>Appeal from the probate court of the par-isll of Rapides.</p>

<p>An uniiqui-be pleaded in on™but may tion.</p> <p>propounding interrogate-ríes, is not guilty of ne-giigence in not procur-⅛ testimony to contra-swersthbefore fiílTTn are filed in court.</p>

<p>Any thing may be accepted in payment.</p> <p>Giving credit on account is evidence of the thing credited being accepted in payment*</p>

<p>Appeal from the court of the sixth district —the judge of the 5th district presiding.</p>

<p>Appeal from the court of the 6th district, , . ⅜ # the judge of the 5th district presiding.</p>

<p>Appeal from the court of the 6th district— judge of the 5th presiding.</p>

<p>, old code, the h.ei.rs in p.ar-tition had a tacit mort-fxfcution of gagemente C°n</p>

<p>Appeal from the court of probates of the • i . j parish OI xiapldes.</p>

<p>Appeal from the court of the 6th district, the judge of the 5th district presiding.</p>

<p>An execution from the city court, to seize goods *to reafestate?</p> <p>primea Ip! pears incourt support the act of the agent, whatever is evi-a_, gainst the former.</p> <p>When the purchaser at sheri/Ps sale intervenes to maintain the validity of it, the court may order him to restore possession .</p>

<p>ati^e]?Jres^ Sentence^”" does not ex-¾ ¿“ceased!**</p>

<p>Appeal from the court of the 1st district.</p>

<p>Appeal from the court of the 3d district.</p>

<p>When thCre has been an not have the examined on appeal,</p>

<p>Appeal from the court of probates of the Parish and city of New Orleans,</p>

<p>A statu liber has no action for relief for m treatment.</p>

<p>th°@nproperty *is in the actual possession of the appellee, is suspensive, aitiio’ secu-colts! f°r</p>

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

<p>when ado-mand is in the alternative, for a slave, or his value, the jury may find a verdict m favour of foTthe^iave’ same assess his \ a-</p> <p>in good faith is only responsible for the fruits from judicial demand.</p>

<p>If the jury give more than legal interest, the plaintiff may release the overplus and have judg-</p>

<p>. . If the jury thin interest, the refease*1"the m</p> <p>Before onlhlmerits</p> <p>prove! piear'cti vl?t¡ that he had endowed the no*'"' to an agent for coi-lection.</p> <p>a judgment of nonsuit cannot be pleaded as even“*after coI™ent °f</p>

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

<p>a competent witness lease."</p> <p>A surety on a bond given to re-tyfro™^9se-questration, ness.nt Wit</p>

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

<p>The district court was not without ^mtimenmte-against” Sinistered byan execu-</p> <p>sessor under a sale made in virtu,e of a judgment of that court, is notmalafide.</p>

<p>Appeal from the court of the second district -the judge of the 8th presiding.</p>

<p>Appeal from the court of the parish and • /* ivt , city ot JNew-Orleans.</p>

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

<p>ceSary °aftei the” words state of Louisiana.</p> <p>If the plaintiff bring inconsistent demands in different actions he may re-rivedfromthe coírt ™here pending”and the'iasfinsti-tpted. .</p> <p>If there be a demand in reconvention plaintiff cannot dismiss to^reveni thedefendant having judg; ment against but he may wave ail</p>

<p>crates bank higher price thenmaAet,f&' isusurious!ct</p>

<p>The supreme court will not increase the sesserfby</p> <p>«dent, an T-near Sim sent.</p> <p>vitto hold to bail the agent need not state he swears from his personal knowledge.</p>

<p>Appeal from the court of probates 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 probates of the r parish an<l city of NeW'-Orleahs,</p>

<p>musT against Cduce°other plyment^f the dot, than the husband’s confession in the marriage onntract.</p>

<p>The record- or of mortga-gcs is bound to record, on n.e order of the judge, pro ccedings by scire facias to ment m a u'shn^no^ and toStstaCte <aU'</p>

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

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

<p>sa£ force the pay ment of the, ⅛neces-the ten-vendor’» subsequent. ones.</p> <p>Prescription does not run asainst one who cannot</p>

<p>The vendor very by his</p>

<p>The defend. poasessoryac</p> <p>terrogate'thé judge.</p>

<p>Before a late act of Assembly the post office was not a proper place of depo sit for notice to endorsers,</p>

<p>A merchant who has fund* of another m hands' ⅞,⅛ possible-* tainacontrol over them, and as soon as the cause which indue-edhimtopart with them must dispose of</p>

<p>jl party who biiifo? the tiCo°n mS° the entitled to”^ eeive dama-ees from the fatterbeyond ■what he has actually paid</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 parish and 1 cjty 0f New-Orleans. -</p>

<p>s«riptíonprof must be on a just title.</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 fourth district, * the judge of said district presiding,</p>

<p>irreguiariyb8 commenced in the juido executivo and afterwards turned into the juido or. emano, the he^hoiud^uc tory proceed</p> <p>missibie to ment was7 made, in a note, where the receipt m pressed gene'-debfhad been paid'</p> <p>When a ed ascoiute-security, holder becomes for the collection, thf nett</p> <p>“nai con” tract for their fee with the assignor of a they can not claim pay mentfromthe assignee.</p> <p>“°b*|a0f;n0t; ^promise*1 to centro ⅞” for an extension of credit which had ex pired at the time of the 1 transfer.</p>

<p>a bin at sixty days sight, accepted pay able sixty-three days from the date of the accept -anee, is according toTts tobe1 protest5 ty-tSrd day"</p>

<p>Appeal from the court of the eighth district, the judge of the third presiding.</p>

<p>The causes for which a reduction in the price of a slave can be claimed are the same as those for which the re-cission -sale may be demanded.</p>

<p>Appeal from the court of the parish and cjty 0f New-Orleans. J</p>

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

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

<p>When anote is produced plaintiffs en-dorsément ex prove'thekí dorsee was though there be no such «repetition,11</p>

<p>When a third party wishes to appeal from a judgment ren <lercd between others £rievcd ⅛</p>

<p>seizure and untes onlhe an°dactTf0Í recorded.</p>

<p>Land sold ^where the sale is not actuafdeh-7 very may be attached by a creditor of vendor?,</p>

<p>verdicts!, \⅛ ⅛ not interfere inghofhthed' Jury</p>

<p>If an agent for collection of a note does not know the residence of the endorser on the day after protest, but acquires a knowledge of it after, it his to give notice,</p>

<p>705 -a» interven- or cannot re-IfacÍLeTa which he interpleads.</p>

<p>Appeal from the court of the third district, • • • the judge of the second presiding.</p>

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

<p>of attorney continuance1</p>

<p>Appeal from the court of the first district.</p> <p>Slidell for syndics of Saul—Eustis for syn-dies oí Morgan.</p>

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

<p>An. ⅞-soned debtor of a cessie £o-not^have'his íeddbeforeaa noury.</p>

<p>Appeal from the court of the third district, the judge of said district presiding.</p>

<p>where an appeal is ta-kenfordeiay will be affirmed with damages.</p>

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

<p>Appeal from the court of probates of the and city ofNevv-Orleans.</p>

<p>ufoneofthe defendants swernotandn evidence the quantum. of his inter-cst, nor the _ nature of his lllt6r6St 111 the house repaired, aliño’ wastakenby theTther ⅜1-agains^Tim is irregular.</p>

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

<p>If creditors of an insoi-vent direct his property 1° bo sand¾ fromSa ca'nno^beU credit”1 after that dav.</p>

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

<p>The wife should exer-s cise her liea any^speciat she\asef<re-course to im-m0Veabiepro mortgaged to a third person.</p> <p>Previous to the passage of the Louisiana tha mortgage era “⅛⅛%⅛^0 the costs.</p>

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

<p>F a writ of seizure and sale be set a^dae¿tif^ay off‘"endhis.Pe-tition, with-it^f^notico toameodoor. with”! copy oftheamendment.</p> <p>The person who makes an affidavit for a corporation need not prove his authority till it</p> <p>re-⅛"1^8 notice before a writ of seizUre and Saie issues.</p> <p>A court takes notice of the authority of th,e offi?er to whom it is-a writ</p>

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

<p>Appeal from the court of the third district, judge of the second presiding.</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>If a woman marries a second time having children by the first marriage, she cannot inherit from them in case of the decease of any. The survivor or survivors are heirs. But if they & their forced heirs die before the mother, the property so inherited by them belongs to her.</p>

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

<p>ty^appeais*” m°nt others, he must shew it was ous as it re-</p> <p>himseKof a jectionwhich'on the defendant, waived.</p>

<p>Appeal from the court of the parish and . _ , of JNew-Orleans.</p>

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