The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-28

ct al; Small q McGill, garnishees. The gar
nishees appealed from judgment rendered agains
them on their answers, er parte. No traverse o.
| exception was taken to them. Their answers ad
mitted there were funds of the defendant in the
hands, but that they were garnsheed in other suits
in ST. Louis, against the same debtor They were
considered not liable in this suit. Judgment re-
| versed, and given in their favor.
2. RosT, ]. :, .Barrataria and Ldfourche Cana
Company vs. Soniat, Sheriff of Parish Of Jefer
son. :. The plaintiffs enjoined the Sheriff in the
collection Of certain taxes, alleging that their pro-
perty was exempted from taxation by legislative
enactment. The Court held, that by prouiso real
estate and slaves are taxable. Judgment dssolving
the injunction is affirmed.
8. Fortier vs. Zimpel. The plaintiff has ap-
pealed from judgment sustaining the opposition
of John Slidel to his proceeding on a monition to
confirm the sales of certain property of the defend
ant, which he had caused to be sold and purchased
it in Held, that Slidell was without sufficient in
terest to interfere in the case. Judgment was re-
versed, and the opposition dismissed.
SLIDELL, j., declined sitting in this case.
4. Copeland VS.. Labatut and Church Wardens Of
the Church Of 50. Louis =. Suit to recover back
certain property which the defendant, Labatut,
had sold to him, but not being paid, had the same
property seized and sold, and purchased it in; and
resold it to the Church Wardens. Held, that the
sales We're regular and legal. Judgment for de-
PENDANTS affirmed with costs.
5. A. Guyol, praying for the canceln,ent of his
Sher!F's bond VS.. Guyol and others opponents. . .
The judgment, so far as it condemned Theodore
Guyol in sodo with the other suretes is reversed,
and judgment entered in his favor with costs in
both courts and that it be affirmed in other re-
spects.
g. Elizabeth Hubgh, tcidow and tutor, etc. Vs.
Carrouton Railroad Company This is suit to
render the defendants liable in damages to the
widow and children of Mr.. Hubgh, the Engineer,
who was killed by the explosion of the boiler,
which, it is alleged, was old and detective and
that the death of the Engineer was caused by the
carelessness and fault of the Railroad Company,
who are liable in damages, etc. There was YER
dict of Judgment for the plaintiffs in the sum of
$4,000 The defendants appealed. The Court held
that this action could not be maintained on various
grounds Judgment reversed; and Judgment for
the defendants.
T. SLIDELL, j.. .Foucher VS.. Day, Klein, et al
We concur with the District Judge in the opinion
that the payments made by the plaintiff, in antici-
patton, are to be considered as not made, with re-
gard to the defendants, workmen and furnishing of
materials. Civil Code, Art. 2745; Act of 1874,
sec. 6, p. So. Judgment affirmed with costs.
8. David vs. Fl. d. Richardson. For the rea
sons assigned by the District Judge, it is ordered
that the judgment Of the Court below be affirmed
with costs.
y. Spence vs.. Brooks. >. Suit for 1856 for labor
and materials furnished to the defendant in the
construction of house. 1t is decreed that the
Judgment OF the District Court, so far only as il
allows privilege, be corrected, and that the claim
Of privilege be rejected, and being so corrected. is
affirmed
10. Patterson y Buckner VS.. Darrell d Barclay.
Contest about the ownership OF a vessel Buckner
claimed to be owner, while the possession and
control was in Churchman. The evidence left the
ownership doubtful, and although the case has
been twice tried, it is still improved. Judgment
eversed, and Judgment of non-suit rendered.
IL. PRESTON, J.. .Bigelow vs. Black y Kellar.
Suit against kellar the endorser of note signed
by Black. The defence is that there was no de-
nand OF payment made of the maker. Held that
he plaintiff was bound TO make demand of Black,
either personally or at his domici, and not having
lone so, judgment is reversed /; and Judgment of
consult rendered
IL III Schiltneyer's Tutor, etc, VS.. Schiltueyer',
sfecutor, etc. :. Judgment reversed and iudg
nent ordering the Executor to account for the
state of Fl. Schilmeyer's mother, and deliver the
anne to his Tutor, etc.
IL. Bercier ct al, VS.. Cook. . The plaintiffs
aused the defendant to be arrested on their aida-
it. 1t was alleged to be untrue, and on hearing |
violence the defendant was discharged Plaintiffs |
ppealed The evidence was not taken down, etc,
nd the appeal is dismissed with costs.
IA. Chauu'ere VS.. Mrs. FHGgt: s. Myers d Co.,
ippetiees. Suit on promissory note, signed by
he wife for debt of her husband. Defence tina,
he was not bound to pay the note. There was
Judgment for the defendant, which is affirmed with
costs