The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-04-20

concluded.
Where creditor of the old corporation of New Orleans
he'd certain coupons of interest," issued by that
ton. and received warrants signed by the Mayor, fol
the Of the same. the three municipalities
each, Tor its rata. fixed by the ordinances and
one Of the municipalities failed lay her pro rata
and the creditor then sue the defaultng municipality
and the old corporation: held that such rata of the
debt had not been Dovated and that judgment pro-
perry rendered against both defendants.
WILLIAM SHORT Us. MAYOR, ALDERMEN, ct al.
Appeal from the Fifth District Court of NeD Or
leans .EUsTIs. c. J. Action against the Third
s sna the G ns sy . of sf
the latter corporation, the plaintiff holding the cor
poraton of New Orleans liable for the pro rata war
rant drawn ON the Third Municipality, which had
been signed by the Mayor and protested for nom
payment: lit would thus appear tina. the First and
Second municipalities had paid their proportion of
the debit The principal defence was that there
had been novation of the debt, by the plaintiff
taking the warrants drafts on the three munich
palties and that the original debtor, the corpora
ton of New Orleans, was released. The Supreme
Court held this defence untenable quoting Pardes-
sus, Droit Commercial, vol. 2, sec. 22l. Per GU
riam: The very argument that novaton has
taken place. seems to us to exclude the conclusion
that the old corporation was not bound on the draft
which the creditor received as an equivalent for
The obligations OF the corporation, which he surren-
dered. Without an express declaration to that eff.
feet by the CREDITOR or acts anamount to such de-
claration, it can never be held that an original
debtor is released. This rule s well settled and is
always adhered to in questions occurring in the
changing of debts. Courts are bound to weigh with
exacness all the attending circumstances of trans
actions of this kind in order to ascertain whether
the parties have really intended to make nova
ton of their debts, and Of releasing the original
debtors by the substitutionsof othefs. The judg-
ment below was affirmed, with costs.
No appeal will lie othe Supreme Court from Judgment
rendered a conviction in criminal ecution, un
less fine. exceeding $780, has been actually imposed.
Art. 49, Constitution.
The STATE OF LOUISIANA Us. THE JUDGE OF
THE FIRST DISTRICT COURT OF NEW ORLEANS.
On the application OF John c.. Mengels for Writ
of Mandamus. .SLIDELL, j.. .Menges was
convicted for selling liquor to slaves, and was SEN
fenced to forfeit any license licenses held under
any authority of the State, and was deprived OF
the right of obtaining holding any such licenses,
and was also sentenced to pay fine of $500, and
the costs of the prosecution. He applied for an ap
peal, which being rejected, he now asks for man
damus the judge below, ordering him to grant an
appeal The application was disallowed, the Su.
preme Court quoting Art 60 of the new Constitu-
ton, which, among other things, requires fine
ceeding $500 TO be actually imposed, in order to
give that tribunal appellate jurisdiction.
Where the transcript of appeal has been seasonaby fled
owing to mistake the pat of the appellants
sci. and extension of time has been applied for. the
appeal will be dismissed.
SUCCESSION OF ALEXANDER LOGAN, ALEX
AMBER ADAM 0s. j. DAvERN.. >. On application for
Curatorship... Appeal from the Second District
Court of Neao Orleans. :. .SLIDELL, j.. Per
curaam In this case, the transcript not having
been seasonably filed, and no application for time
having been made, the motion to dismiss must pre-
vail II appears by the affidavit of the appellants
(Adam') counsel that the omission was attributable
to mistake on his part. But this is not ground for
relief Levistone's case, Annual, and Dwight
Us. Blanchard, 4 Annual Appeal dismissed at ap-
pellant's costs -
The ordinance of the First Municipality approved February
49, 1886 prohibiting. under penalty of fine the sale of
groceries in the markets. is not illegal nor unconstu.
tional.
MUNICIPALITY No. ONE Us. AUGUSTA DEvRoN.
Two Gases. Appeal from the Fourth Justice Of
TIE Peace of tho Parish of Orleans. :. .EUsTIs, C.
J. Appeal from judgments, eondemning de-
PENDANT to pay fine of $50 for selling groceries in
the market, contrary TO an ordinance, approved
February l6, 1876. Per cur,am: We perceive
nothing unconstitutional illegal in this ordi-
nance. Judgments affirmed.
]. L. TRAsK EFT AL us. JOHN HENDERSON.
Appeal from the Fifth District Court of NeW Or |
leans .EUsrIs, C. j.. judgment in favor of de-
fendant affirmed, with costs.