New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-02-04

Collins e. Bruf, vs. Hugh Outfits .4dminisrator.-Ap-
peal from Lafourche NEUTRALITY-SUSPICIOUS. J.-Sut conf
menced by attachment. The defendant died during the
pendancy of the suit administrator appointed
Judgment rendered for plaintiff with privilege
the property attached from which defendant appeals.
Per Ciufam Defendant being presumed to have died
this State the Code directs that classification of the
claims against the estate shall be made. after notice be-
tween credtora contradctory with each other until
which time ordinary claims shall be paid. Articles
1867 ll6S 1859 Code of Practice Articles 9ss 1893 The
attachment gives privilege the property attached
in case of the death of the debtor in this instance 1t
has been often held that of attachment subjects
the property attached to the payment of the debt of the
attaching creditor. but this principle presupposes the
debtor be possessed of other property If the debtor
cession of all his property the property attached
follows the cesson and the attaching creditor has no
preference and the law is the in of the death
debtor Judgment reversed and Judgment rendered
in favor of plaintiff be paid in due of admins
taton without privilege the appellees to pay costs of
appeal
| The State vs. Cheerers-Appeal from Assumpton-PREs
TON J-Defenant tried and found guilty of assault
and battery afterwards indicted for putting out
eye in the assault His trial and conviction for
the first offence plead in bar to the second The Dis
rct Attorney demurred to this plea and the Court over
ruling the demurrer the State appealed
Per Curtam-Under the Constitution, one can be
twice put in jeopardy of life limb for the offence
Judgment affirmed
Pauline Grange. appellee, Francis Williams appellant
-EusrIs. J-suit brought promssory note alleged
to have Public notice of the loss given by
advertisement in the newspapers
Per Observation-Disclosures in newspapers is evil
dencc of the the note The law requires that the
loss of an instrument sued should be supported by the
oath of the party established by direct testimony
There being such proof the plaintiff not recover
Judgment reversed and judgment rendered as in of
non-suit
HonorG Leonard appellant. vs. Joseph Keinrere appellee
Appeal from NerwRe-Rosr J-Sut for the removal of
levees on land of defendant, which plaintiff alleges OBJ
struct the natural flow of waters passing through his
land, and for damages On trial. plaintiff waived the
damages and the District Judge dismissed the suit
the ground that ii purely action for damages and
that as the damages had been waived there nothing
before the Court.
Per Cu,fam-The prayer is for damages and for lie
moral Of distractions The judgment is manifesy wrong
1t ordered that the judgment be reversed that the
PENDANT the distractions complained of and that
writ of disragas issue if necessary to enforce this
decree.S4
The following decisions were rendered in the Supreme
Court Monday. in addition to those published by
yesterday morning:
Mccall appellant, Rod'fg'es appe2ee.-Appeal from
the Fourth District Court of Observation-Disclosures re-
versed and ease remanded
Mccall appellant. Landry. appeHce-Appeal from the
Fourth District Court of reversed
and remanded.
Picaa appellant. vs.. Valet appelee-Appeal from the
Fifth District Court of Assumption-Appea dismissed,
Berger & Bro,cn appellants .4ycock et as. apees.
Appeal from the Fifth District Court of rerrebonne
Judgment reversed. and case remanded.
Dutfa ct al, appellant Landry and Hiie, appellee
Appeal from the Fourth District Court of Ascension
Judgement reversed, and the case reinanded.
State Of Louisiana, appeile BnUmnin.-Appea al from
the Ninth District Court of Pointe CoupGe-Judgmen
affirmed
Collins, f. c.. appellant, VS. Harbour, opfetee-Appea
from the Ninth District Court of Ponte Coipte.,udg
ment affirmed.
Stenaa,t appellant, Bird appenee-Aprral from tn
Sixth District Court of West Baton Rouge Judgmen
affirmed.
l. Grange appsllee VS. Hillia,as. appeim-Appeal fror
the Sixth District Court of West Baton Rouge. Jude
men reversed and rendered against the plaintiff in
. Of pon-suit,
Rnor appellee, vs. Builder appeAna,-Appcal from tn
= Sixth District Court of West Baton Rouge, Judgmen
affirmed.
Deco,r appellant. Donner oppellee.-Appcal from tn
y Ninth District Court Of Poine Coupte. Judgment a
:, frmed.
Succession Of Sam, MartinP a ST. Pr opponent a.
W peliee Mrs. Martin appelnn-Appeal from the Fourt
~ ', District Court of Ascension, Judgment affirmed
~ Denoueie appellant; Susg Housh, appetiees-Appe
from the Sixth District Court of Iberville Judgment
t. ycrsed and rendered for Plaintiff
Terrell al, appellant vs. allen, nppelee.-Appeal fro
the Fifth District Court of Laurche Judgmer
affirmed
Leonard appellant, VS. Khelpetre ct al. appelees-Appe
from the Sixth District Court Of Ibersie. Judgment
yersed and defendants ordered to the obsru
oil t;on which arrests the natural flow of the waers fr
upon and passing through the land of the pasiatin
pr.rr pRysnsJATIoH.-Mr. Joseph arnnell ff~ids,