New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-03-13
City Intelligence.

FIFTH DISTRICT CouRr-A B. Montgomery
Us. IL. S. Buckner and f. Stanton
The petition in this filed June 21st 1850. and
its subject is sufficiently rected in the following written
judgment of Judge Buchanan delivered yesterday
Judgment on The PEA q pres7ip.,on plaintiff sues
in 1889 upon obligations then past due. These obiga
lions were promssory notes endorsed by the defendants
and subsequently endorsed by plaintiff. In Louisiana
the plaintiff would be subrogatcd of right the CLAIM, of
the judgment creditor-Ciyil Code. Art 2157 The law
to he substantially the same in Mississippi mas
much the surety afer payment under the judgment
entitled in that State to take judgment against the pn
cipal debtor by motionSee Hutchnsons Digest p 5j7
This surrogate however, only applies to Of these de-
PENDANTS. Stanton. The other defendant Buckner was
party to the suit in Mississippi although he was
member of the firm which endorsed the notes to the
plaintiff.
The right of action upon foreign judgment is only
prescribed by the lapse Of ten years where the creditor
sides in Louisiana and Of twenty where the creditor
resides out of the State Of LAC c. Art }5OS. In the
present instance the record does not inform where the
plaintiff resides but it be conceded that he re-
sides in Mississippi The prosecution of the action there
fore to Stanton is 20 years which having yet
elapsed the plea must be overruled that defendant
The defendant Buckner is entitled to rely upon diff.
feren prescription to wit that Of five years. See G. c.
art $500 This prescription applies to persons residing
ont Of the State-art. 3506 The doctrine Contra
vaIentem agen non currit prcscr pto does not apply
here because certificate of discharge in bankruptcy
does not prevent the institution of suit. 1t does
avail unless pleaded in bar and then may be I'M
pcached for fraud is done in the present may
be rendered Intellectual by proof of subsequent promise
to pay.
1t is therefore adudged that the plea Of PRESCRIPTION be
| maintained to the defendant Buckner as to whom
there is Judgment against plaintiff and that de-
PENDANT, Stanton said plea be overruled.
FIFTH DISTRICT COURT VIM. Keay rs, New
Orleans Canal and Banking Company and H. j Ranney
The petition in this filed the 4th Of April
1851 claiming damages in the of $1,000 caused by
running ditch along petitioners property fronting
the New shelroad cutting of communication with the
road. forming nuisance, etc.
Judge Buchanan yesterday rendered judgement in the
caSe in the following terms,
1t therefore adiudged and deeread that there be
judgement in favor Of plaintiff and against the decn
dants with costs that the defendants abate forthwith the
nuisance compaiuea Of by filing up the ditch made by
them in front Of plaintiffs property extending frciu
hHunse TO SoB streetS IN default whereof the same to
hastily shat plaintiff recover Of defendants II sp'dq enc
thousand dollars damages tor thrir Illegal aud tpriueus
acts in the nre,nises
SHOCKING, 1.-The gororet was yesterday CHILLED
70 hold an inquest on tie body Of female infant found
floating in the Mississippi near the Third Municipality
Ferry The body had been noticed for day float
ing in tie eddes and openings Of the harYes but was
supposed until yesterday morning to be that of dog As
soon as its true character ascetained it fished
out and measures taken for an Investigation of the
| Of its being there.
Upon examination before Coroner jurs the skull was
found to be badly broken fact which led the Jury to the
conclusion that the child had been murdered before being
thrown in the river verdict rendered accordingly
| CUTTING SPARs. ---Baptiste Terrell charges
Fred Porter and VIM Streck with having stolen
from the Old Basin and cut them up for which
Recorder Genois committed them for trial before Judge
| Larue.
| RUTAl.---Recorder Genois yesterday com
mitted Francis Murray for trial before Judge Larue on
charge preferred by his wife Of having abused assaulted
and kicked her and followed her about with knife
ALL ABOUT A BEEFsTEAK.-MissH Hannah kar-
ney yesterday brought before Recorder Caldwell te
answer charge Of having assaulted butcher named
CouItade in St Mary market The examination elected
the facts that Miss karney had ordered steak be cut
from particular part of the beef which Courtae was on.
gagged in distributing to the hungry patrons stall
and after the steak was cut she refused to pay for
price set by the butcher the said price being pcayunp
more than she thought the article worth The butcher
thcreupon seized Miss karneys basket and drawing
| il towards him. when she seized Il steel living at hand
and struck him two or three blows with it the bead
The verdict of the Recorder served him right and
the young lady was discharged.
| BREACH OF TRUsT.-A man named Jaouot
was Yesterday charged before Recorder Geno of hayinn
appropriated small amount of funds which was handed
TO him by f. j. Otis to pay customer warrant
| was issued for Jaquot's arrest
| ROBBERY james Henderson is the name of
the fellow who robbed the little pedder boy the other y
of his basket and stock of goods. and second charge
made against him. of having attempted to snatch the
purse of lady in Canal street. Henderson is ouit,
Young than Is 16years age but hears III,
marks of great rascal, The Recorder committed him
| for trial before Judge Laruc
SERIOUS CHARGE.--Henry Ebberman and Jas
Carroby both watchmen yesterday arrested on com
plant named James Fitzgerald who states that
on Thursday night he arrested by them in the Dry
AIDES Market and shamafully beaten his ear being en-
open and his head badly wounded by the blows recciy
from them The watchmen arraigned before Re
corler Caldwell and the examination fixed for Mond.,