The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-01-04
Supreme Court of Louisiana.


The Supreme Court of this State rendered the
following decisions on Tuesday, I'd inst:
MAYOR, ALDERMEN AND INHABITANTS OF THE Cry OF
LAFAYETTE. appees, PRESIDENT AND DIRECTORS OF
THE MALE ORPHAN ASYLUM FOR THE RELIEF OF DEsTI
TuTE ORPHAN BOYS, appts. Sdell J-By act of the
Legislature enacted in 1885, it declared that from and
after its passage all the properly real and personal belong
ing to the Asylum shon be exemp: from all taxation either
by the State, Parish OF City sin which is situated The
Muncra Corporation of Lafayette passed ordinance in
1876 requiring the owners Of town lots to the side
walks fronting these lots to be paved within certain time
and in of default by the that the work should be
done by the Corporation and the should be liable for
two Of TIE cost OF such wok It was also ordained
themselves wepd be reimbursed one,d Of the cost BY the
Of Lafayette onng the lots Of the Asylum and Instituted
thu SUIT for the benefit of the contractor against the deen
their defence upon the assumption that he charge inn
posed by the ordinance tax aud Illegal because, by
Legislative exemption from tsxatien in other legss
rn in derogaOn Of common right the statute must be
press words Or clear impot-see Coolidge gs Williams
s Ma t Gibson q 10 M sesueT e.
judgement Of the Third District Court in favor Of the city
OF Lafayette. is affirmed with costs.
WILLIAM CUNNINaHAM, appt, Us JAMES ERWIN, sppee
Ro 1.-THE plaintiff alledges that he creditor of
the late Henry Hitchcock in the of $2e 80 39s. for
wok and labor performed and materials furnished the
buildings and grounds of said Hitchcock, in the city of
Mobile the years 1888 and 1882 He has received on &C.
count $4,000 He further alledges that Hitchcock had mort
gagged to the Bank of the United States all his property in
the city oil Mobile including that which the petitioner
had expended his labor, to debt of $500 O After
claim and proposed his legal representatives to take the
morgaged property in sat and discharge Of the debt
appointed b bis viii: that there We're uncovered Claims
amounting to $50 Geo. and mostly held BY mechanics and
aborers, for which provision ought to be made 1t
finally agreed that the Bank should pay into the hands Of the
60 e 3 Gss s Of and a.
sum,d personally the payment OF this and other unsecured
iaon in his behalf asks judgement against the defendant
personally for the balance lue him The defendant an
to the plaintiff and the Of any sum Of money in tru.t
otherwise for the benefit Of the plaintiff He avered that
III h. had
an h her By s
t before Jury twice who could not agLes and the parties
verdict The majority Of the jury in favor of the de-
endant From this judgement Of the majonty the plaintiff
be and that the plaintiff Of the defendant
the sum Of $2465 with interest at per cent
II further ordered that this be emanded TO try the issue
of stimulation.
MUNICIPALITY No. One praying for the appointment of
Appraisers for the opening of Exchange Alley c. DUsNAU
oppt and appt King. j. This proceeding has been
Quoted in extremely diatoy and unsatisfactory manner
and the result has been judgement affecting the rights of
the appellant Dusnau without his presence and
foed t. HIM Of being heard report bad iesa ed the
Commissioners which was opposed, and in April 1846
moneIs. twenty days being allowed them to make
report NJ spoS filed wh The DELAY nGs.
and Stroud to dismiss the proceedings for want Of compl
s the Of s A
to the Commissioners to file new report After this the
m:sone neglected to report within this delay and
no application was made to extend the time The judge
msnded for further proceedings according to law the ap
peiee paying the costs of this appeal.
MUNICIPALITY No. THREE praying for the appointment
of Commissioners for the opening of Claiborne steet-CoR
my r. onnOn euts and qpppans In IN.
position the report Of the Commissioners sustained by
the Court amendment deceed and the report amended
homoGsa,ed In the Of the application Of the Mayor
assessment That opinion sin with the terms Of
sr$ @ % 0pG 4 fs s
judgement of the Court below Sthe Filth District be Re-
ings' the appellee paying the costs of appeal
HYDE q OGLEsBY, appees. STEAMER fAz00 AND
OWNERS. HUNT AND McDoNouGH. appts. The aues
uon presented In this case whether the plaintiffs are emit
tied to privilege the steamer Yazoo The claim
resisted by Hunt and McDonough subsequent purchasers
MORRISON Co. Of whom John Eaton was partner, sold
the steamer at New Orleans in May 1s47 TO Culver then
resident OF New Orleans, where the boat YVES enrolled his
name On the ID August 1S47 the plaintiff advanced at
New Orleans Culver then the Captain and owner Of the
boat Of $1,000 and took Culvers draft upon himself
at St. Louis at three days sight for that amount which Cu
accepted at ST. Louis the 14th August This sum
was advanced by the plaintiffs Culver for the purpose of
to her crew forwages and freight and charges due
her parties upon goods shipped by the Yazoo at New Or
leans for st. Lou Culver afterwards sold the to
Eaton and on the 14h September l84 Eaton sold her 10
Hunt and McDonough of ST. Louis The vessel duly
McDonough, respectively She arrived here in October
1s4 and seized the 18th of that month The ad
under the authority Of repeated decisions Of predecessor
conferred no privilege In the of Grant FOL- IL
Lo5 r. 1855 the intervenos Sloc and ByIne, clsimed
privilege for ssum Of money loaned By them to the owner
able the vessel to prosecute her intended y was
thea hed that the oppression supplies iufnshed) used
10 materials sold OF furnished the vessel not to money OF
funds advanced The doctrine laid down IN Giant Us ko