The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-28
Supreme Court.

QeNeiOpueHtS. =
--eOe
Supreme Court.
MONDAY, May a. 1850.
The Court met pursuant to adjournment Pres
ent--Chief Justice Eustis, and Judges Rost, Sill
dell, and Preston.
The Court delivered opinions in the following
cases:
EusTIs, G. I'LL. State VS.. Li,ateH :. In
dcted for manslaughtef. Objections to the ruling
of the Court, refusing new trial. This Court are
of opinion they offer no ground for the reversal Of
of the judgement See State as Hunt, An
nual. Judgement and verdict of guilty affirmed.
2. SzynEanskt VS.. J. and r. Urguhart . Suit
to recover back the price Of sugar-mill rollers,
| alledged to be defective. 1t was in proof the
plaintiff bought the mill after il had been detero-
rated by fire, and at less than half price Held that
plaintiff had no right to recover back what he had
paid on cheap bargain Judgement for plain.
TIN reversed, and one given for defendants, with
costs.
B. Davtd VS.. Beelnlan. >. Action for rent-ver-
dict and judgement for plaintiff, amended, allowing
plaintiff his half years rent less $780, for part 81
the property not occupied by lessee.
RoST, A. Heatrtetta Mullen VS.. BGyer her
4sts5a7id- Suit for divorce, Proof abundant
to show cause for divorce, which was granted
allowing her the custody of her children.
D. Ck1eor vs. Lane. Suit against a non-resi-
dent and curator ad hoe was appointed Held,
that ne was properly appointed, but had no right to
submit the cause for trial at chambers in vaca-
ton Judgement setting aside the proceedings
affirmed with costs.
9. LIE Carpenter VS.. Lecaipentier. >. In all
judicial partitions the fact that the property cannot
be conveniently divided in kind must be made 10
appear BY a report Of experts. . Judgement dis
missing the rule taken in this case, affirmed with
costs.
2. Nat vs. Vannier, ct al :. The plaintiff had
judgement for portion of his claim, which is
affirmed with costs.
& De (I10Io7, We 1TotLoo.,. me-. - c..
on note and mortgage executed by the defendant,
married woman. IL was not shown that the
money, for which the notes were given was en-
ployed for the exclusive use Of the wife, or enured
to her benefit; she is therefore not bound Judge.
ment reversed and one given for the defendants,
with costs.
9. Lambert VS.. CaStei7s This is an Injunction
suit to restrain the seizure and sale of certain prop
erty, which the plaintiff alledges to belong to her
but seized for her husbands debts The plaintiff
established her claim for the restoration of her
paraPhernal property, and had judgement per
petuating the injunction, which is affirmed with
costs.
SLIDELL, j.. 10. Wetnsore VS.. Ddffn ct al.
Attachment suit Motion to dissolve the attach
nent on the ground of insufficiency of the af1ida
W.T. The affidavit was made by an attorney at law
IN Florida, who never resided here. Held 10 he
insufficient and judgement dissolving attachmen
affirmed with costs
H. Coaant et al Va. MiLlaudo1s et al. Suit II
annul the election of s. Millaudon and G. c. Dun.
can, as Directors Of the Carrollton Rail Road
Company. TWAS objected that G.. C. Duncan vo-
ted on shares of stock standing in the name of his
wife, when twas not shown to be her separate
property; and that Batchford and others holding
stock as trustees, etc., also voted. Held that these
votes were legally given; and it was objected that
Ar, Duncan was an alien and not eligible and
hat Mr.. Millaudon was insolvent and not compe-
ent to be Director. Both these objections were
pverruied, on the ground that aliens were eligibIe
hat there was no evidence of Millaudon's insol.
geney. O-
II. Young va. Young. "A negro owned by the
husband at the marriage, was sold during marriage
.or $500, with which he bought another negro. who
mas children. Held that the husband has a claim
~ the community for the $780, but that the slave,
ana their increase, purchased during the marriage
3slong 70 the community Of acquests and gains
Inc Plaintiff who is the son of the marriage claim,
his mothers share in the slaves as part OF he com
munity. Judgement in his favor affirmed with
costs.
PRESTON, J... 10. Trudeau's heirs VS.. STABLES.
" 'lis case the evidence was not taken down and
no statement of facts made. Appeal dismissed.
IA. Kline VS.. Freret.. .Snit on notes given for
the price of land Defendant Instituted suit in an
other court 10 annul the sale on the ground ofaud
The Defendant pleaded the tendency of this suit
ana non suited me Plaintiff. Judgement of nom
suit affirmed with costs.
10 blanchard, tDlfe, etc. VS., Blanchard, her hus
odnd' Hopkins, ct al IHterUenorS. Suit for GER
tain paraphernal property, seized by the Interye-
nors, who are creditors of the husband. There
frmed with costs
Is. LaHghttn VS.. Municipality No g.. Claim
Tor damages done the Plaintiff opening Claiborne
street,. Judgement in his favor affirmed with
costs.
n, STATE vs.. John B. Chandler, indicted for the
Murder of Patrick c. Dalev. .I,he Conrt corn
nened al much length on the course of, the Dis
srct Judge, in trying the case, in improperly char
slng and stating the to the Jury, and in over
rullng instructions asked for by tie Counsel in be-
lalf OF the prisoner The Judgement is reversed,
he verdict Of guilty Of naa,slaughter'' Sci aside
and the case remanded for new trial on the charge
1f manslaughter dlone-the Jury having acquitted
The accused of murder