The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-09


Supreme Court---SIonday, May Q, 1850.
PREsEET-EusrIs, c. j.; JUICES RosT, Sill
DELL and PRESTON
Felicia Crdtien VS. John G. Richardson. :. The
plaintiff, who has obtained Judgement Of separa
ton Of property against her husband, seeks TO sub
jet plantation and slaves, in the possession of
the defendant, to her legal mortgages; on the
ground that this property belonged 10 her husband
and was sold by him to the defendant during the
marriage, and after her legal mortgage attached
thereon.
Rosr, j. [EUsTIs C. j. dissentingl !. We con-
slider that the contract was dissolved by the retro
cession, and that the property returned to the pos
session Of the defendant, free from incumbrance
tiff Judgement bel,w reversed
Roberts VS.. Starke ct al. This case already ap-
peared before Courtin an appeal by Theo O. Starke,
one OF the defendants, and is reported in Sd An.
nual, II. The present appeal is by Mrs Wilkinson,
codefendant Judgement District Court amended
| and entered up against Mrs Mary Wilkinson.
Dyke q Hurlbert vs.. Augustus W. Walker.
Defendant seized load Of hay belonging to plain
tltfs, and in his possession The proceeds of sale
were decreed to the plaintiffs. Judgement affirmed,
with costs.
Heirs Of Guilotte VS.. CITY Of Lafayette. Judge
| ment below reversed.
Municipality MOL vs. Louisiana State Bnk.
SUIT for taxes on the property of the Bank. Judge
ment for defendant in Court below. "The tax
sought to be exacted, we understand to be imposed
real estate; and the authority on the part Of the
Municipality to impose it, to be asserted, to be de-
| rived from the State. The exaction would be in
direct conflict with the charter" Judgement af-
| frmed with costs.
| Perslfor f. Smith VS.. Synd,cs of Greenbtry Dor
| sey. Judgement for plaintiff affirmed.
/ Succession Of Caroline Iroudrd in opposition 10
| Iabtedu. Judgement reversed.
Sotomon Fl. Etdridge VS.. CLARK j. IIbbits.
| Judgement affirmed.
c, G. Williams VS.. heirs of John Nicholson. =.
Judgement reversed
Sand. F. Rice VS. Gasford Dubuys.. Judge
/ ment for defendant affirmed
| Bank Of Louisiana vs. Colpille and j. A. Patter-
| son. Judgement affirmed.
| Charity Hospital VS.. Zimmerman. :. Appeal dis
missed. The amount in dispute gives no jurisdic-
i ton to this Court
Elizabeth Blanchard ct Avs Julien Alan ct al
Judgement reversed, and case remanded for further
l proceedings.
Heirs Of Bastable Vs. IRon.dS Curry etal :. Judge
ment reversed in part.
State VS.. p Desmond, E. Conner, and Oves
Conner, indicted for murder. The Jury, after be-
ing sworn, had INDUCED in crowd in taking re-
freshments at bar, and were not at that time in
the charge Of the Sheriff or his officers . Appeal
on account of this rregularity by the defendants.
PRESTON, j.. The late Court of Errors and
Appeals in criminal cases decided in the case Of
the State against Hornsby, that in capital the
Jury should not be permitted to separate after they
had been sworn, either with without the con-
sent of the prisoner; and it has become the estab-
shed practice in the State in capital eases to keep
the Jury in the charge of the Sheriff, however
long the trial might last. See also the late case o.
the Commonwealth Of Massachusetts Us. DR.. Web
ster. 1t cannot be denied that this operates as
great hardship upon juries, and that in this en-
lightened age of confidence in our institutions, we
might trust those who are charged with the lif,
and liberty of the citizen to exercise the solemn
trust, etc. etc. Indeed there is no occasion il
which we much need the best exercise of gu
faculties, supported by regular and diet as whel
called to decide upon the life and liberty of our fel
low men. u. Verdict set aside and new tra
granted. j.. THE Corners having been fount
guilty as accessories in the mansaughter Of Des
) mond, and there being no such offence as accesso
ries before the fact mansaughterl-It is there
fore ordered that the judgement OF the Dstrc
Court be reversed the verdict of the Jury set aside
= and that the accused be put upon their trial 70
mansaughter alone.