The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-04-02


MoxnAr. April i.-Prssent, CHI J. Eusts and Judge.
hoss, Sldall and Preston
Commissions were read in court. in which Robert Taylor
hsq, appointed Clerk Of the Supreme Court opeonsas
rice Pens Labyohs, deceased Also. Duncan c. Goodwin
Aiariel.
The Court delivered opinions in the following cases.
kosrs i'll .Ianses Niekoison Executor, John Mich.
0lsen's Heirs aud Dative Parliamentary Executor The
plaintiff, then in Pennsylvania was appointed Executor Of
the last will of John Nicholson deceased He failed to come
the mean time VIM. T. hepp appointed Datiye Tesla.
mentay Executor The plaintiff came and contested his right
to the oce be resisted and rendered account, and the
heirs were put IN possession of the estate He'd that the
plaintiff lost his right in not at accepting and coming on
to enter upon the duties Of his office His occupation was
gone. Judgement of defendants affirmed with costs
=, Municipality No. TAres .Antoine JNichoud
tax case Taxes levied property aeged not to be within
the corporate limits because not laid off into that ii wa.
rural property and liable taxation by the Muncpni,v
Held that the laws oonng the taxing power on the corno
ration constitutional and valid and that his property
was liable TO be taxed Judgement Of plaintiff for the taxes
affirmed with costs.
3. Gerald, minor, vs. Gerald, Tutor lhe plaintiff
caused family mestns to be called deliberate on his pe
ton for emancipation The Under.tutor having left the
State, Underutor ad h0e was appointed The family
meeting advised the emancipation and It's proceedings were
homologasd The plaintiff then presented petition calling
on his Tutor to The order on this petition was made
by the Deputy Clerk On rule of the plaintiff to make
these proceedings absolute the defendant eiueped 10 the
oeedngs null and void.
!. The plaintiff had never been legally emanipated be-
cause the defendant was not cited until after the family
ing was held.
g The act of 1886 which coniers judicial bowers upon
Clerks, does not confer the power on their Deputies
RosT, J-T These grounds of are both well founded
in law. The citation with copy of the petition and order
made thereon should have been served upon the Tutor before
the family meeting was heidi has been the uniform practice
under the act Of 1923 the subject matter, etc..
The article 70 of the Constitution authorizes the Clerks
OF the District Courts important Judicial powers
This an exception to article g. which invests the Supreme
Court District Courts and Justices of the Peace with the u
dica power Of the State and be extended by pca
ton to any officers not specified in the article The grant
Judicial power made to officer recognized by the Const
tuition and elected by the people, to the Deputies whom
he appoints and dissse at pleasure The organic laws
lS6 and lS46 do pnrpO confer the Deputy Clerks
the Judicial powers vested in the Clerks by the Constitution
They give them other powers but those previously vested
by law in Deputy ClerkE.'
There being emancipation and legal order to account
the defendant is in default Judgement of plaintiff re-
and the emanded for further proceedings accord
ing to law.
SL1DELL, j., dissented-e was of opinion that the De-
putty Clerks had authority do all which their principals
could do, and cited with appreciation several decisions this
Court made by Judge Martin, support OF his position The
Deputies acted for and in the Of their principals who
responsible for their acts In other WORDS that they are
capable of fulfilling all the duties which their principals are
capable.
LedouI ct al vs. Black ct al This is petory action
in which the plaintiffs claim portion of tract of land con-
rmed u and D. Boulgny and which has been taken by
the location of land in favor of General Lafayette
Held, that the BouGgny claim not such title would
prevail against the location and grant Lafayette Judge
| ment for the defendants affirmed with
5. DaeiS Biai0n-On re-hearng. The Court omit
ted that the defendant could into the question
damages his unconventional demand without the plaintiff
assent and the withheld he to
action the attachment bond To do this he must be sued
| at bis dorhcil Re-hearing refused.
sLDEnL, Us. Latarop, administrator, ete Lao
Sat- al
fence that there legal notice of given to de-
PENDANTS. Plaintiffs offered in evidence the notaal records of
the Parish Judge who made the protest. but who was dead
The certificate not signed BY two witnesses, required
by the OF 1871 and 1877 and it rejected by the
District Court. Held that these statutes made in aid OF
the commercial law that the notary being dead the record
of his certificate the best evidence, and admissible 10
prove notice. although in strict accordance with the stat
ute Judgment reversed and the renanded for new pro-
ceedingsi
PRESTON, J,-7. Thomas vs.. Municipality No. Tspo.-
Claim for commissions for collection of Judgement of
defendants reversed And it ordered that the plaintiff re-
$453, with interest from the Judicial demand and
| costs etc.
g. Z, II. Dorsey CdrTolt0n Bdnk.-Injuncton suit
enoning the collection of twelve months bond Judge.
Of the District Court reversed injunction dissolved and
the plaintiff and his surees condemned pay ~ per cent
damage the of the bond without abatement the
/ said bond
9. Same Same-Appea taken for delay and judgement
of defendant affirmed, with per damages and costs
10. John Bass Ralph, and J. Gamble Rdrrantor
Morgan and Markha, Controversy about
two slaves and their price. There verdict and judge
ment Diminishing the interyeno and against Gamble which
affirmed, with costs.