The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-12-24
supreme Court Of Louislana.
PtesentHou George Eustis, Oh. J. p A. Rost, Thos'
slidsll and Isaac p. Preston, Associate Justices.

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Presentation George Euss, Oh. J.,. p. A. Rost Thos
slidel and Isaac p. Preston, Associate Justices.
/. Eusr1s Ch d.. Thomas Haynes vs.. Municipality
Ma, Suit TO compel the Second kiunicpIuy 10 pay
his relative proportion epaa made the Punish psor
The City has succeeded the rights of the Police Ju BE
Parrish Held that the Three Municipalities hour rev
the rent Of the Prison. in the place and stead g a fch
Jury which has ceased to exist The repairs bo s A.
the owner was bound make, their expedenoy cno Os
questioned The uncOnstutionaliy of the act is not N
question 1t matter of public interest that the Public
Prison should be kept in proper repair Judgments Tor plain
tiffs affi med.
a. Timer e. CoaerV VS. Steamer Bride. Appeal taken
~ John Muir from judgment distributing the proceeds Of
the steamer Bride He claims be privileged creditor for
SAL premium for the insurance OF the steamer
The policy of the insurance acknowledges the premium 70
bs paid There other objections to his claim He took
ia remedy BY third opposition. But he hiss no ilght IN the
rsc distributed and has proceeded by attachment nor
he privilege Judgment against bis debtors and can
in y itest The distribution. Appeal dismissed
a Snseesssion of Feiir COnneylfaes IudsOR, .ddnr.
56l qppeiaat--The administrator dismissed and con-
8stnned 10 Jay 20 cent per annum on certain sums
received by him. and not deposited IN bank according 70
the act 1897 The proceeding dsmssng him, commenced
nv rne taken by j. NJ Bach j. Mitchell, ere iitor OF
Connolly. The administrator had filed his tabeau, and Bach
Mitchell opposed it. because they were not placed on 1t a.
creditors which oppostions still pending. The admin
istraot excepted 10 rule, which oveued Held thai
the propositions he first tried to ASCERTAIN whether they
are creditors before they take proceedings under the
statute dismiss the administrator. ETC. Judgment reversed
a. Rosr H. HIATT vs.. James Gallier-B. FloraRee
and L. E. Pogue, c7led Suit to enforce
Judicial MORTGAGE property purchased OF the Judgment
debtor Plaintiff Judgment rendered in 1910, and trans
ed to him 10th April 1850. The property in the possession
of tho det owned by the debtor at the time the
Judgment was given The perempon of the Judicial mort
gage is pleaed for of e.nscrptOn for than
years Held that neither the bankruptcy of the original
debtor nor the inst uion of the hypohecay action within
years from the recording of the mortgage dismissed with
the transcription. Sfe the of Hyde os Bennett ct al
Annual, 79J. Judgment for defendants affirmed.
g. Cirard VS. Val6e RGpp Judgment for the defend
ant affirmed with costs.
g. Squier vs. Stockton Judgment for plainif affirmed
T. 4uea vs. Campbell. Reihbion in slave sold to plan
th Suit for the ecson of the sale the ground Of ncu
rshs diease at the time. He died after, of chron
diarrbea The testimony contradictory, and majon
of the Court of opinion that peponderaed In favor
the defendant and judgment rendered accordingly Pres
ton IT, dssnted He was Of opinion the weight of the ev
dence the sda of the plaintiff; that the slave died
consequence of incurabe disease existing at the time
sale, and that it ought to be rescnded.
g. SLIpELL, j.. HooW & Sons VS.. Carlos Crl=dt
Co... Judgment affirmed for of District Judge
o. Succession Of James Me Rianey-on rule of jane
Mcdonnell, CURATOR Judgment reversed and rule dis
missed in Of non-suit.
10. "A De Ia Mare vs.. E. P. Kennedy. SUIT again
endorser Of the ground of nufeiency of notice
protest The Notary states in his protest that he made Il
demand through his deputy and gave notice the enoser
witnesses, but Of them the deputy who made
demand Exception being made, the District Judge was
opinion the notice was lnsneent and gave Judgment in
vor of the endorsen; Held that the clerk deputy makiI
the demand competent witness and that the notice W
good. Judgment reversed.
IL. PREsToK. j.. Succession Of Harosy 81. John
note 10 discharge the CHrat0r's bond Judgment d
missing the rule affirmed.
TO- N,rthern VS. Phillips & Co.. .Suit freis
on $50 bales OF cotton Defendants econvened for DANA
on account Of the being rolled the Levee
mud and The learned Judge read sharp lecture
both parties their of proper attentions their du
and dismissed both plaintiff and defendant out of Gov
Judgment reversed the suit blown up petition and all
pIesdings and proceedings dismissed.
49, James Dundds etc.. VS. James Eroin ct a.. 7
suit 10 recover from James Erwin and his suretes the
of sl4 800 and interest," paid him Illegally. The
sou ght indemuifyng bond which he gave to Hue
Manson in consideration that they should him the
Of certain Cotton Press in Mobile, which they rented fl
H. Hitchcock in his lie time for five years. at $50 900
year hitchcock having died. this property seized
sold old Judgment in favor of James Erwin, and by
purchased in for $500, He demanded the rent acorn