The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-14

supreme court--MOnday, May 13, 1850.
PREsENT-HoN. GEo. EUsTIs, c. j.; and JUICES
Rosr, SLIDELL and PRESTON.
EUsTIs, J... l. Fletcher Us. Fletcher. .Appli-
cation for a re-hearng. judgement corrected by
allowing the plant Fl a email sum in addition; and
the Court tad the judgement being for The price due
the vendor, it necessarily carried with it the ven
doris privilege on the land. Re-heariDg refused.
q GtussPse, c; al. VS.. Police jury Of Concordid.
Application for a re-heariDg. Judgement dissoly-
ing an injunction, with demages, for enloining the
collection of certain taxes The Cours corrected
the judgement by remilting the damages. Re.hsar-
ing refused.
3, Ro5insoa ct al VS. Trauis, Sheriff, etc.,. A
small error corrected, and re-heaFing reused.
| 4. Lee VS.. Ferguson. ;. Re-hearng .anted and
case sent back TO be better prepared and some IN
etructi0ns given. $500.
| 5. MusgToUe vs.. Mor,oel {. .Re.hearing refrsed
6. PaGrcy vs.. P,ckeren g For the req sons
from is affirmed with costs"
I. Haggeriy VS.. Corr ct al 90 For the reaeons
given by the District Judge, in his written opinion,
tits ordered that the Judgement appealed from be
| 8 Goldschmidi VS.. Mayor Ell al Of NeW Orleans
This case is not distDgu'shabe from the one of
| Short VS.. Mayor, ec., IA Annual Rep Isl. I" The
Judgement the District Court is therefore affirmed
/ with COSTS"
g. Hanaers UndeTtutor vs. Hamer's Succession.
This is suit to annu the sale of property because
| the price was below the estimative value in the
inventory, The petition was dismissed and the
sale maintained. The plaintiff, who is the under
/ tutor OF the minors Hamer, pEeaed Held that
the application of the 800 article of The Code of
Practice, TO the property sold is mpraciicable. 1t
requires property sold to pay debts, by admins
traitor to bring the amount Of the appraisement, il
sold 1or cash, etc. The sale in this case was pro-
voked bya creditor, and the sale was fairly made
and no injury to the party resulted. Judgement
affirmed.
RosT LII Lemonisr Executor, etc., VS..
1atses L0oergne Suit for the price of a slave.
Defence redhibition. The district Judge. consider
ing this defence not sustained by the evidence gave
judgement for the plaintiff, which is affirmed.
dadter vs. BOnd0r. =, Suit for the rescision of
the sale OF a slave, on the ground of redhibition
that the slave unsound. The evidence was
deemed insufficient to authorize judgement and
the plaintiff was suited. :. Judgement affirmed
II, SGtoy VS.. HeRrtqstez. -. The Court is not
satisfied with the evidence in this case and that il
is proper one to be tried before jury E. Judge
ment for plaintiff reversed and case remanded etc.
Il Pettatpterre VS.. HeRriqltez. Il. Judgement
of plaintiff reversed and remanded to be placed
on the jury docket, and tried before jury.
H. May VS.. Ransom. Suit to compel defen-
dant to demolish certain leyees and embankments
which are alledged to be nuisance, and obstruct
the natural drains from the plaintiff land Yer
dict and judgement of plaintiff set aside, on the
ground OF improper evidence going before the jury
the case remanded for trial. The Court
say, /" The act of 1913 defining, etc. the authority
and functions of Police Juries, provides that they
shall be empowered to cause to be opened again
| such ancient and natural drains as have been OBJ
| structed by the owner of the adjacent land, and
prescribe the mode to be observed in that respect
The act also provides that where part of land on
the Mississippi shall be divided among several
proprletors and 1t shall be found necessary to dig
one or more common draining bitches, the Police
Jury shall have power to ordan that the bitches be
dug at the expense of the owners, and the expense
| be borne by contribution among them to be
| LEVIED IN such manner the Police Jur;es may
prescribe. These powers are ample to meet the
present case to remove all the difficulties which
are shown to exist in relation to draining the Point
| of Bonnet Carrie"
10. Beauiieu +. H. c. VS.. Tsrncirf M. c. ct al.
In the case of Ducloslange ct al VS., Ross, g An
i nual, 432) Held, that Tesiduary donation " inter
vvos, made to certain persons named therein to
be null, as containing q Fidei commisseum,' but
this does not apnul bequest, when there is no
| substitution. Judgement amended and affirmed
| IA. Dekphtne LotauTte Macartys Success
sion. Property, the title of which was in another
and which the Executors mover had the seizn
although it passed from the Testator they are not
entitled to commissions. The various grounds of
opposition were overruled. :. Commissions re-
duced, and judgement as amended, affirmed.
10. LonSs0 Heooy tctfe, stc., DestrahdnS
iS'tccs'ston. Judgement reversed, and new decree
| to be entered
S1IDELL, J. .....16. Smith VS.. Steamboat
| Eclipse. We think the evidence sustains the
opinion Of the District Judge, that the collision
was not attributable to the fault Of the defendants
| Judgement In their favor affirmed with costs
II. JordG vs. Goblet For the reasons assigned
by the District Judge, the judgement is affirmed
10. EgdnG VS.. Jackson. =. Judgement for de-
fendant affirmed, with costs. (Se Annual 16)
IL. Fr1ers0n VS.. BreakGns q al -. Held that
Brenham had an insurable interest in the steamer
insured, and was entitled to the insurance moaev.
Judgement reversed, and new decree for defen-
dant BRENNAN to be entered.
PRESTON, J.... 30. E0artSt vs. Brig Lowdcr
and O'cners and Master. Suit for the recovery
Of passage money, and damages for a lot of goods
shipped for Chagres. The plaintiff paid his pas
| sage money, and the articles shipped on board
The vessel failed to sail on the day appointed, ar
| the plaintiff fell sick ard was unable to 90 wLap
she started. The plaintiff had verdict and judge
ment for S216, and defendants appealed j Judge
ment reversed for want of sufficient evidence 10
identity the goods shipped Case remanded for
new trial.
81. State VS.. Spriggins \ Ross. Appeal dis
missed for want Of prosecution.
| ". State VS.. Fore, indicted for murder and
cO'ovtcte6. "A trial is asked, Ist Because
| the State peremptorly challenged juror after he
had been accepted by TIE prisoner Cd. The indict-
ment had on its face alterations, uterneations and
interpretations in different handwriting, etc. and
was defective; Sd. The verdict not responsive to
| the indictment. Ramon Florez is indicted and
the verdict says Ramon Florey is found guilty
| These grounds were all overruled and this court
held that they not such irregularities as will
warrant new trial. The judgement and SEN
tence of the District Corrt on the verdict Is
affirmed.
%. State VS.. Jose Fuentes indicted for zuurzsr
anu waader sentence Of death Held that lie
privilege of foreigner to be tried by ury of one
hall aliens, or jury demeattate InguG origi-
mated or was allowed by the statute of 2s4 Ed
ward Ill OF England, but is never allowed in
Louisiana: That insulting language from a
colored man was not more provoking or calculated
to excite the passions Of white man and if i'm.
mediately followed by a moral stab, to be imputed
to the weakness and infirmity of human nature.
etc. as to authorize the court to instruct the iurv
to lind verdict of manslaughter" .Defences all
oVerruied. The court say, sit is truly painful
duty to perform when the life of felIow.beipg is
involved" to affirm judgement which sentences
him to death.
"a State VS.: Garter, Upton and Hough. =. In
Gctea lor altering or cutting record of the First
DlstrlcI Court were tried and acquitted BY the
Jury The State appealed Held, that an appeal
does not lie on the part of the State from verdict
oil acqulttal and judgement discharging the ac-
cused. Appeal dismissed
The HIsTRIoSIcs-Beneft of Mrs Fisker-Iast night
was the time appointed for the benefit of Mrs Fisher but
owing TO the ncemeney of the weather was postponed to
this evening, when will be presented biou of
The Irish Llon, " The Swiss Cottage and variety of
music by the talented amateur orchestra Mrs stuart lends
hsr powerful aid on the OCCASION and will appear as the en-
husastlc Mrs Fuzgig Although the bill is of itself an
one oy lar The strongest consideration attend this