The daily crescent., 1849-04-13
Supreme Court Of Louisiana.

Supreme Court Of Louisiana.
Condensed Deeisions-Nrw ORLEANS. April o. ls4s
Where the condition of time. mentioned in building CON
tract has become impossible owing fortuitous event.
and the owner afterwards permits the mec hanic fur
nish his labor and materials he will thereby bind him.
self 10 pay for the same.
A LAGRAvE & Co. EFT AL. Us. JOSEPH FOWLER
yR... Appeal from the Fourth District Court of
NeW Orleans. -. .EUsTIs, j.. This was a claim
for work done and materials furnished in the cree
on OF certain buildings of defendant, at the
of Magazine and Natchez Streets in New Orlea ns
The case has already been before the Supreme
Court, and was remanded for a new trial, the
Supreme Court being of opinion that the evidence
did not sustain the verdict. The second trial
resulted in verdict of $500 for the plaintiffs and
the defendants claim in reconveniion, for damages
Tor non performance of the contract on the part of
plaintiffs, was rejected. The marble fronts which
plaintiffs had contracted to furnish, were not fur
nished within the time specified i'm the contract in
consequence of their quarry in Missouri being inun
dated by the floods of the Mississippi and Missouri
rivers. The supplemental petition of the plaintiffs,
ned when the case was remanded, charged that
the work done and materials furnished, were so
done and furnished at the special instance and
request of defendant. The Supreme Court held
that the condition of time having become impossi-
BILE, and the defendant having permitted the plain
thereby bound himself to pay for them. The
Judgment for $500 was affirmed, with costs in
both Courts. 5.a- u
STERLING NEBLITT Us. WM. S. ScoTT. Ap-
peal from the Tenth Judicial District Court, Parish
Of Madison. .SLIDELL, j.. Judgement reversed
and case remanded for a new trial, plaintiff to pay
the costs of the appeal.
certificate of the Auditor of Public Accounts as to the
contents of an Assessment Roll of Taxes is legal
evidence extract from the Assessment Roll properly
certified should be produced 81, -l.l usH
JAMES HUGHEY EFT AL. Us. VIM. H. BARRON
AND WARRANToRs.. .. Appeal from the Seventh
judicial District Court, Parish of West Feliciana
RosT, J. This was a petitory action, the plain
tis, as legitimate descendants and forced heirs of
Andrew and Mary Hnghey, claiming 640 acres of
land In the possession of defendant, Barron, and
which they allege formed a part of the community
existing formerly between said Andrew and Mary
There were numerous points of law raised, all of
which have been decided repeatedly by the Su-
preme Conrt, during the last twenty-five wears and
1t would be uninstructive to report them. The
Court held that certificate, furnished bv the Au-
ditOr of Public Accounts relative to the assessment
OF the property for State taxes, was improperly re-
celved in evidence, and that the proper evidence
would have been an extract from the assessment
roll, duly certified. | Greenleaf, D. 49S, 500. The
decree was that the judgment be reversed that
the defendant be forever queted in his possession
and title, against all claims and preiensions of the
plaintiffs TO the 24O arpents of land recovered by
John w. Hall from Andrew Hughey, being 6 ar
pents front by 40 deep, opposite the mouth of Red
River, and including the house built by Joshua
Barker; and also to the 800 acres of land sold at
the suit of William Wood us Andrew Hughey, to
be taken adjoining the eastern line of the tract of
$40 arpents confirmed to the United States by An
drew Hughey under certificate Nc. 252, in pursu-
ance OF the act of Congress, passed on the 9Th of
May, 1922, entitled etc. and that plaintiffs recover
defendant he nd of fho off
acres, the case being remanded for the purpose of
asceftaining the boundaries between them and the
defendant, and all matters relating to rents and i'm
provements and the liability of the warrantors !;
the costs, thus far, to be paid by defendant.
[The following Decisions rendered Wednesday.
April IL, 1891
In an action of partition all the parties in interest must be
joined in the suit. ~
ABRAHAM F. RIGHToR AND WIFE, EFT AL, u.s.
NJ. j. DE LIZARD, EFT AL. Appeal from the
Fifth District Court of New Orleans. KING, j..
This was an action in which the plaintiffs claimed
a partition of certain land alleged to be held in
partnership with defendants. 1t appeared from the
evidence that other persons, who had not been
made parties to the suit, owned portions of the
land, and the Court held it to be indispensable to
the validity of the proceedings, that all the parties
in interest should be joined in the suit, and that it
devolved upon the plaintiffs, upon the issue made
by one of the defendants, to show that the proper
4
1924 Farrar Us. Newport, II L. R., 348. The
judgment was therefore reversed and the case re-
manded plaintiffs, Rightor and wife, to pay the
costs of the appeal. ..f. al
Where party claimed damages for the destruction of his
carriage by being foul of by the negligence, impm-
dence or want of skill of the driver of an omnibus be
longing to defendant, who pleaded general denial:
held that under this issue, it competent for de-
fendant prove that prior to the injury complained Of
he had leased the omnibus to another person. who him.
efsemployed the driver. u 5--. I...- e. 5s,I
VIRGINIA w. THOMPSON, sUBRoGATED TO JACOB
HART, Us The New ORLEANS AND CARRoLToN
RAILROAD COMPANY. Appeal from the Fifth Dis
trtct Court of NeW Orleans. :. .EUsTIs, c. J. >.
This case has already been before the Court. Rob.
179. On tile second trial there was a verdict for
plaintiff, and defendants appealed. The plaintiff
claims damages for the destruction of a carriage
alleged to have been done by the negligence, i'm
prudence, or want of skill of the driver of an omni
bus belonging to defendants, in running foul of the
carriage as it was standing in Chartres street, i'm
New Orleans. The general denial was pleaded
The accident is alleged to have occurred on the
20th July, 1897. On the trial the defendants offered
in evidence an instrument, bearing date the oath
January, 1887, by which defendants leased their
railroad, omnibusses ETC., to two individuals, for
term of years. This evidence was objected by the
plaintiff as inadmssable under the pleadings, and
defendants took bill of exception The Judge
below was of opinion that defendants having de-
denial the evidence rendered was inconsistent with
that denial, there being no special plea that the
omnibus had been leased, and was under the con-
troll of defendants. The Supreme Court held that
the evidence was improperly rejected, inasmuch as
the responsibility of the defendants depended not
upon the ownership of the omnibus, but upon the
fact that the damage was done by their servant,
for whose acts they sought in this action to be
made liable. The object of defendants was to
show by legal evidence that the omnibus was under
the exclusive control of the lessees of the Railroad
establishment, who alone employed the drivers, and
that the driver in this particular case was not their
servant, but exclusively that of the lessee. The
Judgment was, therefore, reversed and the case
manded, plaintiffs to pay the costs Of appeal.
VIM. LAUGHLIN as. SAM'L TEMPLEToN, YOUNG,
SMITH d Co, INTERvENoRs. :. Appeal from the
Tenth District Court. Parish Of Carroll .EUsTIs,
Z. j.. The judgment below was affirmed, the
Court observing that " this suit appears to us to
be mere episode of the contrivances disclosed in
the suit Of Young, Smith d Co. Us. Templeton d
XEx,Io, al iS