1 The owners of a steam-boat are liable for the acts of their captain: If he neglect to carry goods, the measure of damages is, the difference between the value of them at the period when they ought to be land- ed, and their value when they are. Lowery vs. Young et al.
2 The fact that the vessel of the plaintiffs was run aground while towed by a steam-boat, raises a presumption of negligence and misconduct on the part of the captain of the boat, which renders its owner liable to an action, Smith et al, vs. Pierce et al. 3 Owners of steam tow-boats are liable as com- mon carriers. Same case.
1 Where property of a succession has passed into the hands of third persons, the courts of ordinary jurisdiction, not those of Pro- bate, must be resorted to for relief. Casanova's heirs vs. Acosta et al.
1 The purchaser of mortgaged premises is not subrogated to the mortgagees right, al- though he pay the price to the mortga gor, who immediately, and in his pre- sence, pays it over in discharge of the mortgage. Serapurn vs. La Croix.
2 It is immaterial whether the mortgagor use his money, or any other, to discharge the
3 The legal subrogation which is created by pay- ment made by a debtor, who being bound with or for another, has an interest in dis- charging the debt, is as extensive as any express subrogation. Cox vs. Baldwin.
1 One Syndic, where others are appointed, is not the representative of the creditors, and it is only as such, that suit can be maintained for matters relating to the in- solvents estate. Relf vs. Collins et al.
1 A tax laying a certain sum on the owners of all property of a particular description, is a tax on property. Oakey vs. Mayor et al.
2 Taxation need not be uniform. Same case. 3 The corporation of New-Orleans have a right to lay a tax to provide for a prospective deficiency. Same case.
1 No proceedings can be had by the creditors of a vacant estate to establish their claims, 'till a curator be appointed to it, or the the estate be insolvent, and a syndic or syndics be legally appointed. McMicken vs. Ficklin,
2 The personal responsibility of a curator does not devolve on his curator. Moorhead vs.
1 A vendee cannot be cited in warranty. Do-
naldson vs. Maurin et al.
1 A third person cannot be cited in warranty who wishes to avail himself of the pro- visions of the code of practice in his favor, must file his opposition in his answer to the citation in warranty.
1 A party who claims under a will, may sue in the name by which he is therein designa- ted. Donaldson vs. Maurin et al.
2 The rule that in doubtful cases the tion is, that a testator intended to dis- pose of his property in conformity with the dispositions of the law, is applicable only when the dispositions of the testator are so confused and uncertain that no effect can be given to them, and which would, of necessity, leave the distribution of his property to the operation of the law. Poydrass vs. Poydrass et al,
3 The continuance of an executors functions
by the Probate judge, after the expira-
tion of the year, enables him to maintain an action. Swift vs. Williams et al. 165 4 The declaration of a testator that property
was common, when in truth it was not, must be regarded as a disguised donation, and consequently null and void. Casa- nova's heirs vs. Acosta et al.
1 A witness may testify to his belief of a fact, if examined as to the grounds of his belief, and his answers are vague, the court will instruct the jury. Flower vs. Williams,
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