The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-17
supreme Court of Louisiana.

J. EUsTIs, Oh. j.. Succession Of murray NJ |
Thomson. State Treasurer W.. IhompSon's En-.
ecutor . An appeal from judgment condemning
the Executor to pay 52969 ID into the Stale |
Treasury in virtue Of the statute of the 18th March,
1872 the amount of the ten per cent tax claimed |
nv the State on the value of the property Of the
succession. Thompson was partner Of the firm !
of A. q J. Dennstoun and made Alex. Dennis |
toun his Universal Legatee. The property here
was in the name of Thompson, hut was shown to
belong to the partnership. They were all aliens.
The State tax is on foreign heirs and legatees.
Held that the Iegatee is only liable for the tax en-
the value ofhe interest of the testator CThompson)
in the property, which is all that he receive.
| In this case there has been no settlement of the
partnership, and Thompson's interest is not ascer
tanned. The Judgment of the District Court al
lowing the tax is reversed and the rule taken by
the State Treasurer is discharged. Preston j.
dissented.
2. c. G. FOrshey VS. GoSSeu ct al. Suit on a
surety bond to recover $4,000, the amount of the
penalty 1t was given by GOssett as Executor, for
his faithful administration Of certain estate and
settlement with the Tutor Of the minor heir. The
evidence showed that he had administered and
| settled with the heir, but the bond was not can
| ceIled 1t was afterwards sold by the Sheriff, and
came to the hands Of the plaintiff. Held, that ii
was bond with a condition which was complied
with and that the sale of it transferred no title
the purchaser. Judgment affirmed.
8. Municipality No, One VS.. Harry Wilson,.
| Appeal from Justice of the Peace, imposing a
| fine of $50 for keeping disorderly house. The
| fine imposed under an ordinance of the First
| Municipality. 1t is urged the Municipality had no
| power to enact such ordinance Held that
| there is class Ofnusances of this kind against
1 I r.
State which it is the duty of the Municipality to
suppress, and for which the power has been dele
gated by the Legislature. Judgment affirmed.
| 4. Starke, Receiver, etc., Va. Burke, Wat y Co.
The plaintiff was first appointed Liquidator oi
the Atchalaaya Bank, under the statute of 1913,
! which was decided in the case of Walker u.s.
Caldwell, 4 Annual Reports 1886, to be unconsti-
tulional The plaintiff was then appointed Re-
cever to collect the debts and settle the affairs Of
| The Bank. He sued the defendants stOckhold
ers TO contribute on the shares of their stock, etc
The defendants excepted on the ground of the lle
| gaity of his appointment Receiver The excep-
ton was sustained, the petition dismissed, and the
plaintiff apr called. Held, thar the Court, e. pro-
prio aotu, was bound 10 make the appointment
| under the circumstances Of a Receiver, to take
| charge Of the affairs of the Bank, and prevent
the confusion and diapliition consequent on an
abandonment, etc. Judgment sustaining the ex-
ption Is reversed, and the cause remanded for
new proceedings.
| 5. RosT, J. Read y Chadwick, VS.. J. p. Whit
neg, ct al 80. Suit for the dimnuton of price for
purchase of a steamship Ohio, on the ground of
fraud and misrepresentation in regard to the speed
OF the vessel. She did not run so fast they ex-
pected from the representations Of the seller. The
Court and Jury were of opinion, from the evidence,
there was no fraud. In the act Of sale there is
nothing said about speed. On issues Of fraud this
Court never ntereres with the verdict of the Jury.
Judgment affirmed
6, Succession Of Wei. E. .DrS. Adler and Hester,
We. Wells Executor. . The first claimed $500 for
his medical services, and the latter $3.50, for at
tendance and consultation in last illness of the de.
ceased The District Judge allowed Dr. Hester's
claim and cut down DR.. Adler's 10 1915. The Elk
ecutor appealed. This Court say the amounts are
rather large, but are sustained by the evidence
Judgment affirmed.
| 7. Lacey VS.. Hall -. Suit on a balance of &C
count Drafts had been accepted by the firm, o
which the defendant was member, but not paid
The plaintiff had to take them up, and sued for hi:
money. The defendant pleaded that if the suit wal
7 on the account it had been settled by taking &C
ceptances and if suit were on the drafts they were
q prescribed. Held that the account was not CLOSED
until payment of the acceptlnces and as they haC
f to be paid by the drawer, his action is for the money
l. paid TO AXE them up: such action is only pre-
g scribsd by ten years. Judgment affirmed,
= s. Kock d Mccall, VS.. SLATER. =. Suit 10 resCnc
the sale of a slave afflicted with incurabIe dis
ease, alledged to have existed at the time Of sale
n Proof shows the slave is rendered worthless by tn
Is disease, which showed itself it fifteen days afts
l. the sale; and it being shown that the slave ha
o been more than eight months in the State at III
time, the presumption of law is that he was unsoun
tUhen Sold This presumption is not Overthrown b
}. adverse testimony. Judgment resembling sale al
re firmed.
s. 9. Squier vs. Stockton 49,. This case turned o
the questions of fact and of Law, whether cerlai
of property which was shown to have been receive
OF by Mrs Beekman, as heir of Shamburg, which VIZ
a seized as affected by judicial mortgage of Mi
Ks audon, against her husband, Frederick Beekmar
n There was Judgment dissolving the injunction
Stockton against the order of seizure and sa
70 which Squier had obtained. Judgment affirme
to 10. SLIDELL, J....L ". Smith VS.. Scan,
kjng, ct al. Judgment affirmed for the reason
90 given by the District Judge.
Of II. BonuQ5cL VS.. Walter. The appeal wi
returnable in May, 1850, and the transcript n
he filed until November, 1850. No application WI
nd made for further time nor is any cause show
zen why the motion to dismiss should not preva
la' The appeal is dismissed with costs
use II. PRESTON, J. -. State VS.. O1er. This is
nd suit by the State Treasurer on bail bond again
the defendant surety. The bail was taken b.
o fore Justice of the Peace in the parish OF JefTe
,r son. There were various defences against Il
validity of the Board The learned Judge we
iez into very able and elaborate exposition of Il
es powers and duties of Justices of the Peace, al
of much interest and importance 10 commit
it, and examining Magistrates in criminal cases, a
,ne to thespublic. The action against the surety
ous the bail bond sustained and judgment affirm
hen -
ky The PRINTERS NATIONAL CONVENTION
On the Sd instant, the Convention of 10 lneym
ey Printers, in session at New York, join w. Pc
de- COY, of Baltimore, President, had under consid
MIN alton the following resolutions:
Ba ResOiUed That this Convention recommend the JOurn
No. Printers OF every and town in the United States
" form themselves into unions, and to establish
lear with each other for the purpose of securing united
and every quest involving the interest OF the
upon The following basis:
bi. |. Regulation and adjustment of the different scales
49,, prices. so as not to conflict with each other
lock 2 Giving travelling certificates to their members
standing TO be legal r YEAR which shall recommend
r holders thereof to assistance and travelling from
=, UniOn, in city or town where they obtain
providing said holders have done moth the
both dsnuaLy them from the same Of which fact The Matte
keep Executive Committee shall no lily the unions societe
g. Keeping registry of the names of - rats and
unworthy members of the trade, and description of their
on be society In the country,
rick be kept by each union for reference
ugh A. Receiving stranger member OF any