The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-02-01
" e w ORL f A " s:
THURSDAY MORNING, FEBRUARY 1, 1s4o.
4nprene Count Of Ieutgtagna.


5upreme Count Of Geutstana.
Condensed Decisions. Monday Jan 90 184o.
[Concluded.J
The power of attorney fact represent his principal
resident OF foreign country, for sum of money
brought against the principal, is of admlnstra.
ton Such power will not be lightly recognized. 1t
must result from the terms of the instrument
meraing the powers of the attorney least by
hcatlon so clear as to be irresistible The attorney in
TACT OF party dOmiciled abroad must be sued his
domc IN actions instituted in this State against the alb
ALcIDE FUsELIER. admir-, ALPHoNsE RoBIN-No.
75 In the Supreme Court. Appeal from the 9Th District
Court, Parish of POinte C0upGe... .SLpELL j.. The
inst question to be considered in this whether the
power of attorney given Deamare sufficient to au
thonze service oil citation him, suit for of
money brought against his principal resident of foreign
country The power so to represent the principal deen
dant Is certainly not of administration. If judgement
be obtained against The principal il involves grave conse
Iaences us registry would create JUDICIAL mortgage upon
ms real estate and its execution would effect the alienation
nzed II should result from the express terms Of the instrn
ment or At least by an implication clear to be nes
Die In tire present case the instrument contains restricted
power to ellthe principals property situate Ponte Cou
Again 81 fh the asass
as plaintiff to collect debts due to the constituent But is
SAID the power contemplated the defence OF This
true but the qualified, and be restricted
the cases specially enumeatedour recouurement
re justice tout dendndantq en- defendant Under
this poge It suit were legally instituted against the prnc
etc D.amaIe would have been authorized appear and
debts due to his prncpa-by pleading in compensation Or
econyention This Interpretation satisfies the words of the
power not improper to notice the difference Of its lam
gHage from that contained in another (Which the
public day. t ae Sa TO TO bea
Dec also broader with regard the defence Of suits Shs It's
language Is nnansed parG5re en- JUSTICE taFt e. de.
that Robin could be made party defendant in this ac
lion By the service Of citation on Peamsre citation
the District CouI at Poine Coupee Landreaux domi-
d New and ms wsS in
cepon OF do%lcl con,sndng that the sg should have been
have been sustained Our Code adopted the general
rule the maxim Of the civil law actor sequitur orEm
tackled will thus have the greatest facility in making his de
fence and the n spirit Of the rule seems to Us to apply with
he Ildgement q The lower Court was therefore reversed
% pay costs bot courts as Cooley Of for pan and
appellee; s. A. Lacoste for defendant and appellant.
Where the of another State under
whose laws il is competent for jury allow interest
making up the estimation OF damages, party will be
entitled TO the same indemnity in Louisiana.
HOLMES swANwIcK Us. CAPTAIN AND OWNERS
STEAMER BELLE AIR. No. 1893 in the Supreme Court.
.7ppeaL from the Fifth District Court of Mem Orleans
EUsTIs c. j.. On Rehearing The in this
having been allowed by the District Court confirmed
that portion of the judgement, because considered as
part of the damages and allowed such. In Illinois,
where the of action accrued would have been
petent for jury to have allowed Interest making up the
estimation OF damages, and we thought the plaintiff entitled
the indemnity here The reheanng is therefore re-
fused"
GEORGE WILEY ct al Us E. C. CARTER. .fppeai from
the Third District CoOrt Parish Of jefferson. SLIDKLL
j.. Judgement affirmed.
DANIEL McCAuLEy HIS CREDIToRs-Appeal of
S. Smith & Co from judgement Rule against Syndic
appeal from the late First judicial District Court
(Efth District Court Of ND OreanS) No 5Sis in the
Suepreme Court. SLIDELJ j.. In this it was de.
creed that much of the judgement of the lower court as
rejects the claim Of the appellants to the of the
of the four slaves Reuben Carey Hannibal and Wa shng
ton be affirmed and that in other respects said udg
be reversed and tn remanded the compel
by due proceedings. the production of his bank book
bv the Syndc so that the be inspected by the ap
pelants-the appellee paying the costs of this appeal
AIMEE OUTLET, ct. al. Us. F. MARoUET AND NJ FER
NANDEz-Appeal from the Fifth District Court Parish
of 4ssunption) Judgement of the lower court reversed
and judgement rendered in favor of the plaintiff against
defendants IN sOido for $453 CO. with per interest
from April d. 1876 until paidthe appellee paying the costs
ofth appeal and the appellants those of below
bound pay interest on all funds of his ward
which he fails to invest.
AUGUsTIN GOMEZ as. GRAVEL PLACENCIA-y9ppeaE
from the Fifth District Court, Parish Of .7ssumpton)
KING. j.. Per curtain We have recently held that
the tutor is bound TO interest all funds of his ward
which he fails to invest. Eams Succession, 8 Annual R.
The evidence however satisfies that the interest which
accrued in the present instance inadequate the sup
port of the plaintiff during his minority" The judgement
afmed-the plaintiff and appellant to pay The of
appeal.
l.. v. MAGGIoLI Us T. w. JOHNSON. ct. al-.4ppeal
from the Fifth District Court parish of Ldfourche H.
terior) %. RosT, j.. Judgement affirmed with costs
JOHN LARuE rs. NOAH HAMProN.-.9ppeal from the
FIFTH District Court (Parisa of Tcrre5onne) .RosT
j.. Judgement arffimed.
J. b. HEREFORD u.s. WIN. LEMONS, ell. al. AND Pc.
LICE JuRY.-4ppedi from the SirM District Court.
(Parish Of Vest Baton ROUGE. EUsTIs C. j.. This
action against several defendants and the Police
Jury of West Baton Rouge for trespass on the
panti frs lands The Jury found general verdict for de-
PENDANTS. and plaintiff appealed The Supreme Cont
amended the udgeme of the lower and decreed that
the plaintiff recover from defendant, VIM Lemons the
sum of 80 and of suit except those incurred bv his
co-deendans and Lemons to pay the of appeal
The said there ground whatever for an action
against the Police Jury. P.s.w
LOVE AND SUICIDE Because her imagined