The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-04-02
supreme Court of Louisiana.



l. EusT1s, Oh. j.. jacobson SeuiAs Sarah Woods
9dm'z etc This is a suit on a sequestraon bond, in
which her husband signed surety: Held that the
plaintiff by seizing and elng under privilege, the pro-
perry equestsred, necessarily released the surety in the
questraton bond'' c. Code, 1880. Judgment re6ersed ;
and Judgment rendered for defendant.
q Claudias Dord vs. BoRaGS. etc.,. This suit CON-
mencsd by attachment certain assets in the hands of f.
Rousseau. Petition wasdismissed the ground that
property attached and plain appealed. The garni.
hee Rousseau ayers holds the under assign.
ment, the of the defendants creditors This
tested The defendants reside Hsvre, and the assignment
made New York for the benefit OF creditors by attorney
fact The assignment purports have other object
than equal distribution by the firm in the United States,
among their creditors without discrimination, make
appropriation Of it, that which the law OF France and
Of Louisiana would itself make Held to be valid, and Judg
mentis affirmed for defendants.
g. RosT H.. WaLker FeTrIer This is fedhbi-
tory action for the rsscson Of the sale of slave and
covery of the price. There motion to dismiss the
appeal which oveuled, the motion being unfounded in
fact the appeal taken at the term which the
judgment rendered On the merits il does appear
the slave affected with leproy shown that the
slave died OF disease which existed the time of sale.
Judgment reviewed and judgment given for the defendant
T. Dnpre Administrator ETC. VS.. Hidoao e.. Zee.
Suit by the administrators of the succession of Anna Snne
T. with whom the late Joseph Uzes lived in open
cnbinage before his marriage. against bis heirs rep.
resented by his widow their mother and natural utrx
from them house and lot and slave, the ground
the slave purchased with the money of Uzee and
the taken in Anna Snnets name, and that she ACQUIRED
title the house and lot from Joseph Uzee for the price
$780, The up that Uzee lived in concubnage
with Joseph Uzee at the time Held, that the fact
concubinage and Anna Snnets inability pay the prices
Of this property clearly proved the are disguised
donations and null. Judgment for defendants affirmed.
s. SLIDKLL, J.... Cook Jhoreh0ase Dodge d JOHN
soifoDland d Wood. appellants. The first claimed
privilege for and the last for groceries, under article
BIS of the Civil Code Held that Wood had no privilege
and Rowland remains under advsement. These claims
madeon fund.- being the proceeds Of the sale of the fur
nture Of the St. Louis Hotel The the article 375
gives privilege for provisions and liquors furnished family
or private establishment 1t was an encouragement to the
dealer 10 supply the necessares Of life to family nd-
vdna, but privilege the furniture, its pro-
ceeds, of public hotel.
6. George, Curator Roach This suit broug ht
several notes given for the purchase Of land sold the
probate sale OF Spagues The defend resss pay
the ground that Sprague had title; and that
third person claims the land under te Held that the
plaintiff cannot The defendant bound by his
notes. the consideration having failed Judgmen, een
dant affirmed.
2. Dussuau aofe Of Bent, Generis Suit for rent
The lease OF house for The high water, over
flowing the of the city induced the defendant
don the premises The plaintiff remted and deducted the
for the period the overflow lasted The Dietrc Judge
considered this equitable, and judgment fer the
der Of the lease. Judgment affirmed with costs.
8. PRESTON, j. dssc0ek .HcCrae d. Sharp. suit
against defendants, of mill Inteogsories
rendered agains him for the ad med be DUE
Mc'rae prayed for Jury, and plaintiff offered Sharp
witness, who rejected incompetent the of
tere Plaintiff excepted and verdict and Judgment was
given for defendant. Judgment affirmed
SLDsLL, j., dizsented
8. Saiersys. Tho. C. Pool. Suit that are pre-
scribed but that Acknowledge, pay them al
particular dates. lneogatores propounded prove
the promises Defendant denied the categor.
ca manner The testimony OF witness offered but
rejeced for nionaity, dspIove the answers Held that
they only be dsproved by the oath of witnesses etc.
Judgment for defendant affirmed.
TO- State VS. Patrick LaRgt0a Defendant indicted
for assault and battery lie had compromised with the pros
ecutor and in the meantime noe proseQai entered
He failed however. to comply with the compromise Held
that the dismissal Of the prosecution discharged the bond
Judgment affirmed for defendant, he paying costs.
IL. MAY Burns, CT ai.. This ia suit on severa
given for the price of land The land was sold by tin
lines and boundaries OF the United States Surveyors. rh
defendants insist they and they did ge
the land purchaed The court. after minute examination
of the and the of the
sion there material sufficient discharge the
defendant from his obligation the price, expressed
in his Judgment for plaintiff affirmed, with
Il. Diron a. Co Morgan ct ak.ueoiiie garntshee.
The defendants sued for debt and funds OF THEIRS
tached in the hands of Melville, and he ganisheed.
Camp his agent answered the interrogation but without
special authority Held that the INSULT.
Judgment for garn ishes affirmed