The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-24
5upreme Count Of T,oQtsia1a.


Selves IN the sale OF leased the purchaser sue
cees 10 all the rights OF the original owner under he lease
CoRDEvIoLLE & LAcRoIx Us. CLApIUs REDos-No
lVf In the Supreme Cour-.4ppeaL from the Fourth DIS
trlc Court of NsD Orleans SLIDELL, j. Defendant by
his contract bound himself suitcase part of the
premises for than year. without the consent OF the
lessor He leased to Brown Brooks portion OF the prem
ses for nine months taking monthly notes for the rent with
acovenant to the lease the terms and con-
ditons from year. for the residue of his lease
which then had about three years 1t does not
ton of this snt BY 1896 C. C., the landlord may by
the terms of the lease forbid the lessee undeease The
apart and this clause is always strictly construed -cette
clause est ouioun de geur" The language taken liter
1t appears to have uniformly received in France far
our researches have extended that the prohibition must be
construed strictly against the lessee See TrOpong, C0nat
de Louage; l8; Duranton vol Z, "a: ROgron l717.
s s Bs s" BG wss n0
So far as Redon concerned he certainly placed their
year nor is there any expression in the lease indicating that
the renewal was to be at the discretion option of the les
make the renewal obligatory on both parties although
acts would be to be done under the covenant such
was in violation Of the prohbto clause and this violation
gave the p aintfs right demand dissolution of the
tenant either violate the Contract Se G. 2o0 u If there
be any hardship IT is of the pay's making. Having
between himself and his lessor and not permitted TO
inquire INTO the motive of the pIohibon whether its
breach will ini1re the plaintiff The lease made by the
G Bank to RedSn and the plaintiffs subsequently bought
he rights of the Bank under the We have
right consider the reservation consent personal to
e s s @ 9 by lac the
annns s es ee 9f s s s R The G
Of New Orleans to Cadus Redon, restoring the possession
OF the leased property to the plaintiffs and delivering the
costs OF suit A. Bodn for plaintiffs and appellees; L.
Eyma, for defendant and appellant.
When limits between adjoining propreon are fixed judi
caly, must be done by Surveyor of the State
relation to limits. appoint Surveyors to inspect the
premises and the decision should be according to the
thus asceraned the Court ought not to determine the
titles of the parties
JOHN MCDoNoGH Us. J. B. DEGRUYs, ct. ak.-No 1907
in the Supreme Cour-.4ppeak from the Fifth District
Court If Ne,o Orleans RosT, j.. This puports to be
action of boundary. The plaintiff forth his title to
tract of land alleged to adon lands of the original defend
ant Deguy and that the boundaries of their
tive possessions may be established. The defendant
swered alleging title in himself and denying the title or
possession of the plaintiff to land adjoining his
After issue joined the plaintiff obtained order of survey
which has never been executed. Degruys having subse
quenty died his legal representatives made parties de-
cations of the petition but acknowledging that their land
bounded both sides by lands of the plaintiff Their
judgement favor of the plaintiff that he be adudged to
pay them $1,000 the alleged value of their Improvements
The parties went to trial without having caused their boun
daes to be asceraned and marked by and
the Court finding itself unable arrive any satisfactory
Court, at the time deced the defendants to be the
owners of the land described in their answer The plaintiff
appealed. When limits fixed Judcaly it must be done
by sworn Surveyor of the STATE C. c. S29 1t is the
duty of the Judge who has cognzance of suits the subject
OF limits to appoint TO inspect the premises
question The Court their report ought to decide
s @ to The the 6a and M CLANS Seh shall
stons OF the Code have not been complied with 1t the
he should have passed upon until the plans made
by that officer in execution Of the order Of survey were
defendants,
asked by either party and the uncertainty which prevented
land must also exist in relation to those of defendants pos
sessions This case must be emanded 1t is therefore
dered that the judgement this case be reversed and the
remanded for further proceedings, conformity with
the opinion of the Court The defendants and appeees pay
ings the costs Of this appeaC Roseus and A Hennen
pellees
The Municipal Councils of New Orleans are authorized
under the City CHARTER to employ physicians and apoh
ecaes to afford aid and provide medicines for the ind
and is an essential part Of municipal government
physician employed to render his professional services
the INDECENT sick under an ordinance OF the Municipal
Council may. in the absence of contract recover what
his services are proved to be worth.
RAMON VIoNET rs. MUNICIPALITY No. ONE-No. 1865 in
the Supreme Court Appeal from the FIRST District Court
of NeD Orleans .Euss C. j.. Plaintiff practcing ply
sican the First Municipality for $3.50 for professional
services rendered the INDECENT sick of the 9Th District Wad
during the epidemic OF 547 The Council passed an odi-
the 9th of August of that year. authorizing the
Aldermen of each District Wardl select for their respect
give aid and provide medicines for the INDECENT sick during
the prevalence of the epidemic; This ordinance was after
wards repealed the repeal to take effect from the LIST of No
vember next ensuing. Plaintiff selected by the Ader-
of the Fifth District Ward under this resolution and
performed his duty IN attending the sick The Council
by resolution allowed to each of the physicians thus en-
ployed $40 as compensation for their services which they
accepted with the exception of plaintiff The District
Judge gays plaintiff judgement for this only, and he
has Appealed The owet Court was satisfied from the evil
sum than that given by the judgement but satisfied
that the government of the Municipality had the power to
Tho
corporate funds to the payment of his claim The
full power the Mayor and Councils Of the Municipalities
to relieve the INDECENT sick 1t constituent power
believe of municipal corporations provide for the poor
who unable to labor and during the prevalence Of an
epidemic there the exercise of which impera
unable procure it themselves The provision of hos
gtas for the sick within the police powers of cities
New Orleans and, believe admitted by all writers Of
authority to be an essential of municipal government.
Blacksone's Commentaries, 49, 800. Doma Droit Pub
he ily TT wi sec. wi. The mode of assistance
adopted by the Council of taking of the INDECENT sick
eating them in hospitals Finding nothing the employ
nent OF plaintiff for his professional services to which any
legal objection exists the question before to the
amount due him. 1t would be unjust graduate the com
aus 10 .ne plaintiff by the allowance to the other
pny'icans' uhess IL We're aseertaned that the allowance
was adequate to the services rendered That it was not is
Besides the difference of extent and population of Dis
tics [Ward1 and the condition of the streets in the sub
required from physician attending the sick The plaintiff
employed without contract understanding as to
tendant what his proved have been worth
The evidence shows that they worth the of $3.50
The judgement of the lower Court accordingly reversed
and judgement rendered for plaintiff against defendant for
49, with interest from Judicial demand and both
Cours-J Fouhouze for plaintiff and appellee; R. Preaux
for defendant and appellant.
Money deposited with the Sheriff. by one not party to the
suit conditioned that it shall be lesored TO him on his
furnishing security IN OF provisional of
vessel cannot be retained by the Sheriff after the provs-
iona seizure is dismissed.
JAMES MEDD rs. WIN. DOWNING AND D. S. DEVICES
No. zoos in the Supreme Court ApDeqL from tie Third
District Court, Parish Of eferS0n .EUsTIs c. j..
On the 18th of July l847 plaintiff deposited with defendant
Devices Sheriff of the Parish of Jefferson $685. as security
for the release of raft of timber which the Sheriff had
seized in the suit of Downing Russell which sum was to
be restored TO him his giving security according law
and took from him written receipt to that effect The writ
OF provisional seizure under which the raft had been taken
notion set aside and the raft released from seizure
Medd, the plaintiff had interviewed in the suit of Downing
rs Russell and claimed the raft his property but being
released there nothing which his Intervention that
SUIT could rest and 1t was accordingly dismissed Judgment
was rendered in that suit for $3.50 and favor of
pantlff, Downing. Nedd has sued from Devices
he amount deposited with him security for the release of