36 986 105 211 No. 8032. Mrs. Ann McConnell vs. John Pasley. This case presents only questions of fact. No. 9088. The State ex rel. Troisville Sykes vs. Houston, judge, etc. The amount fixed for suspensive appeal in this case, not excessive. Mandamus and prohi bition refused. No. 8999. Jurey & Gillis vs. New Orleans Insurance Association. This case presents only questions of fact. No. 9048. City of New Orleans vs. Miller, Finney & Miller. The professional income of a lawyer is not taxable under the present Constitution. No. 8846. J. S. Ikerd vs. Sheriff et al. Case similar to No. 8844, reported. No. 9109. Eli Tullis & Co. vs. P. J. Kennedy. This case presents questions of fact only. No. 8834. S. W. Davis vs. Joseph Kuber. This case presents questions of fact only. No. 9011. C. B. Hauk vs. Nicholson & Co. In a suit for damages on account of libel, plaintiff cannot recover when defendant was not actuated by malice and the main facts of the charge were substantially true. No. 8908. Mississippi, Terre-aux-Bœufs and Lake Borgue Railroad Company vs. This case is identical with that of same plaintiff vs. L. H. Wooton, No. 8909, reported. No. 8603. City of New Orleans vs. Martin Wolf. Constitutionality and legality of City Ordinance prohibiting private markets within six squares of any public market, and punishing violations thereof, have been settled by this Court. 31 Ann. 544. No. 9061. The State ex rel. Emile Gauche vs. Board of Assessors. Reduction of assessment ordered by mandamus. No. 8387. J. P. Macheca vs. Hardy St. Martin et al. This case presents only questions of fact. No. 9046. D. Hughes & Co. vs. N. Frichon et als. This case presents only questions of fact. No. 9023. Joseph Codifer vs. L. Schwartz et al. Only actual damages can be recovered in case of sequestration without malice. No. 9169. The State of Louisiana vs. Lottie Hoffman et als. The right of the Assistant District Attorney in the Parish of Orleans to institute criminal proceedings, affirmed. No. 7546. City of New Orleans vs. H. W. Benjamin et als. This case is identical with that of the same plaintiff vs. H. O. Seixas et als.. reported. No. 9120. W. D. Brown vs. W. B. Harelson. A sheriff's sale of mortgaged property with the pact de non alienando, divests the title of a third possessor, though he was no party to the proceedings. No. 9136. M. M. Ada Lane and Husband vs. R. S. Cameron. The District Court should have granted a new trial, as asked, on the ground of new evidence discovered. Case remanded. No. 9226. The State ex rel. Charles Brown vs. Judge of Twenty-sixth District Court, etc. A mandamus does not lie to compel a District Judge to grant an injunction at the instance of a citizen against a police jury, to prevent the latter from changing the building in which the court is held. No. 9012. Board of Administrators praying for Recognition of Mortgage and recovery of assessments in Fourth Draining District. John Crowley & Sons, Plaintiffs and Appellants. Judgments which are absolute nullities, cannot be revived. No. 9087. Aloysius Werner et al. vs. Succession of A. Werner. Children of first marriage entitled to the $1000 homestead under the circumstances of the case. No. 8706. Thomas A. Madden vs. Henry T. Lawler. This case presents only questions of fact, No. 8987. J. W. Demarest vs. W. J. Beirne. A devolutive appeal cannot be dismissed on the ground that appellant has not complied with an amended order of appeal to furnish an additional bond, whilst a suspensive appeal from such amended order is pending. No. 8409. Right of the widow in community to execute a mortgage on any specific property of the community whilst the succession of her husband is under administration. The question considered under the peculiar circumstances of this case. No. 9017. Succession of Edward Burke. This case presents only questions of fact. No. 8920. Joseph C. Howard et al. vs. John L. Sterry. This case presents only questions of fact. No. 9013. J. H. Oglesby and J. Cassard vs. New Orleans Gas Light Company. A judgment conclusively affects only those who are parties thereto. The plea of res judicata cannot prevail where the demand is not the same and the judgment is different, though the parties be identically the same. No. 9014. George E. Sears et al. vs. Same Defendant. This case is similar to the one just preceding. No. 9178. The State of Louisiana vs. Harry J. Elsie. Where the transcript contains no motion to quash, no bill of exception, no motion in arrest and no assignment of errors, and the proceedings appear to have been regularly conducted, the judgment will not be disturbed in a criminal case. No. 8921. M. Scooler vs. J. H. French et als. Claims for damages clearly asserted to give the Supreme Court jurisdiction. Appeal dismissed. No. 9188. The State of Louisiana vs. Charles Kirby. Right of Assistant District Attorney in the Parish of Orleans to institute criminal proceedings, affirmed. No. 9095. Simon Z. Darrodes et al. vs. Bridget Murphy and Husband. The purchaser at a tax sale, which is annulled, is entitled to recover the portion of the price of adjudication which went to the payment of taxes on the property. No. 9186. McLellan Dock Company vs. Union Sanitary Excavating Company. This case presents only questions of fact. No. 9079. Succession of Joseph Leichliter. A succession sale, though voidable, should not be set aside when most of the heirs have ratified it and the rest of the heirs have expressed their willingness to ratify it also. The purchaser should be allowed to retain the portion of the price going to the heirs who have not yet ratified the sale. No. 9240. The State ex rel. Cazalot vs. Judge First City Court, etc. Certiorari and prohibition refused because complaint against defendant judge is only that his judgment is contrary to the law and evidence. OPELOUSAS-1884, No. 1218. Frank G. Ulrich vs. C. C. Duson, Sheriff, et al. A judgment creditor, who resorts to a direct action to annul an outstanding title made by his debtor to a third person, cannot disregard such title during the pendency of his action and proceed by seizure and sale of the property. A judgment perpetuating an injunction until the determination of the direct action of nullity, will be maintained, although the judgment of nullity has been pronounced in the direct action. 36c 989 45 1280 APPEAL. INDEX. An appeal will not be dismissed on the ground of incompleteness of the transcript, where the omission consists in testimony taken Widow Shelly et al. vs. M. Shelly, p. 100. A money judgment on appeal can be amended by allowing interest due, J. E. Ealer vs. Widow Lodge et al., p. 115. An application for further time to file a transcript made during the Packet Company vs. J. J. Brown, p. 138. Appeal lies from order of judge a quo rescinding his former voluntary Church Wardens etc., vs. R. Rev. Perché et al., p. 160. The State ex rel., Muller Bros vs. Judge etc., p. 189. |