New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-11-23

ants and appellants 81, loo with interest at pc
cent per month from the 18th day of July, 1857, III
til paid and cost Of Lower Court and that appele
pay costs Of appeal.
4 d. 4, Shearer for the use of E. Peele vs. Louis
ana Mutual Insurance Company of New Orleans.-
This was an action brought to recover the value
j merchandise shipped on board ship Saxon, o
/ freight, from New York to New Orleans, and i,
sured under an open policy Of the nominal plail
| tiff, D. +. Shearer, by defendants.
4 The defense was: LIST. Want of insurable intere.
| in the insured. I'd. That no risk was taken b
drafts. Sd. Fraudulent suppression Of facts know
TO the assured, at the time of application for ms,
| rance. Only the second ground of defense wa
examined.
ID. i. Shearer, q commission merchant and mn,
tioneer in New Orleans, had an open policy o
defendants office which contained the followin
definition of the object of risk: "This insurance
declared to be on merchandise, to cover all shir
ments to the address of the assured from time q
shipments and risks, to be reported as soon a
Known The policy was made out in the name o
D. L. 8. for whom it may concern. 1t being shown
however, that defendants did not consider at the
time this shipment to be covered by the policy
Judge Buchanan ordered the judgment Of the Fifth
District Court affirmed
Anastase Desarxant VS.. Pierre Leblanc and
wife-The status Of the plaintiff, A. Desarzant, is
the point involved in this case. Is he a white or
colored person! She claims to be the daughter Of
Jean Desarzant and of Francois Martin, both ma
tiyes Of Switzerland whilst the part of defend
anus ~ Is GQ0tenue0 Eu3b jean leZaE6, WQlGe man,
was her father and Justine Bacquie alias Franc.
Martin, free woman of color, was her mother. It
was after an abundance of documentary and oral
testimony, proven that plaintiff was person of
color who had long usurped the status of a white
person. Judge VOORHEES, sustained and affirmed the
action of the lower, Third District Court.
Jean Foss, appellant vs. Margaret Brentel,
widow Of Bertrand Tronelle, and John Weber,
appeliees.-This case, before Judge c. J, Merrick,
presented two questions, viz: Whether an order Of
(y0urf ulakinR a rIlp ahSO1uta IN yxha Loe
the effect to dispossess aperson of property have
the effect Of the thing adjudged; and if So
whether the Judgment or the rule in the con
troyersy between the defendant, Mrs. Brentel
alone, and John Foss, relative to the possession of
the stall in the Dryades market, can be pleaded
in law Of the suit of John Foss against Mrs Brentel
and John Weber. If the judgment on rule passes
finally upon the merits of a controversy between
parties, no solid reason can be urged why it should
not produce the same effect as decree in any
other form Of proceeding. AS it ends all con
troversy in cause and with it the cause itself it
is ? judgment, and such must produce all effects
declared by law to be the incidents of a Judgment
The controversy between Mr.. B. g. Foss is, as
TO those two, controversy between the same
parties in the sense Of article 2265 of Civil Code
Foss cannot deprive her of her plea of res iuicatr
by joining another person with her in the second
suit. This would defeat the plea in all cases. But
as to defendant Weber, difference obtains. He
was not party to the suit between Brentel 4
Foss and, strictly speaking the plea of res judi
cata does not apply to him. But in the former suit
the possession of the State was decreed to Mrs. b.
and it is the execution of this Judgment which
plaintiff seeks to arrest. Weber could make de-
Tense by showing title in Mrs. B. and authority
from her, and as plaintiff sets up special cause
Of action against Weber, the plea Of res judicdta
IS sustained in favor Of Mrs. B., and she is per-
mtted to execute her judgment, and the plaintiffs
action must fail and the lower Third District
Courts decision sustained by decree.
City of New Orleans vs.. T.. j. Hart d. Co.
Defendants are sued for a tax on income for
year 1856. They plead lst That the formalitjes
,equired by law for the assessment and collection
d taxes were not observed in this case. IDLY
That the tax is excessive and that defendants had
70 opportunity Of correcting the error 3dly. That
The Assistant City Attorney is not entitled to the
Jon to be paid by defendants for the collection.
We agree with the District Judge that
he tax sued for in this suit is tax levied IN
Ter the act of 10th March, 1856, session Acts, D.
,09) and not under the amended City Charter or
Act of 10th March, 1856 Session Acts, D. 1861
The former Of these two acts was not repealed by
he 133d section of the latter. The formalites Of
assessment and collection of city taxes prescribed
y the Act of goth March, 1856, did not apply to
he city taxes of 1856, which were assessed under
he Act of 18th March, 1856. The Act of 10th
aarch, 1856, authorized an assessment for that
ear, which was not then expired and it is proved
hat this assessment was made in the year 1856
me assessment and taxation were not. therefore,
SsAotp~A'SS
n argument.
ID. It is proved and admitted that thirty DAYS no.
ice to correct errors in this assessment roll was
,iven, by advertisement, in the public papers, In
with this ground of defence the defend
nts have offered in evidence a receipt for tax ON
apital for the same year, 1885, and argue that the
Ak now sued for is tax upon profits of capital
lready taxed. The act of 10th of March, 1856. 4
learly defines the meaning of the word income as
eng liable to taxation. 1t is money received in
q hnr ar arx,ino IL
COMMISSIONS, brokerage ETC., and is totally differ
Mt from the fruits of capital invested in nerchan
Use, stock. etc. 3D.. The act of 10th March 1856,
akes no allowance of commissions, or compensa-
ity Attorney. The act of 1858, which allowed to
lie Assistant City Attorney commission of per
INT. to be added to the amount of every bill for
Xes collected by him, has been repealed-l3th
lnual, $40 page. The Judgment appealed from is
nended in this respect.
It was therefore adjudged and decreed by Judge
nchanan that the judgment of the District Court be
nended, and that plaintiff and appellee recover
defendants and appelees three hundred dollars,
I'm interest at one per cent. per month from July
1857, until paid and costs of the Second District
1art, the costs of appeal to be borne by appel
D. W. Twins, syndic, vs.. s. NJ Todd & Co.. ct al
lis was proceeding under the twenty-fifth Sec
IN OF the act OF 1856 relative to the voluntary
rrender of property session Acts, p. 1850 to de-
i've an insolvent debtor of the benefit of the in.
lvent laws, and to annul contract of pledge, on
Q ground that said contract had been made by
g debtor within three months next preceding his
ure, m order TO give an unjust preference to
rtan of his creditors over the others. The cred
RS thus alleged to have been unjustly pre-
rred We're made parties with defendant, Jointly
th the insolvent debtor.
The case was tried by a jury who found YER
ct in favor OF the defendants, and an examination
the records has not satisfied the Court that the
~ erred in the conclusion which they had drawn
I'm the evidence before them. It was therefore
Judged by Judge Buchanan and decreed that the
lgment appealed from in the Sixth District
urt be affirmed, with costs
IN the case of Thos. G. Bell, VS.. N. o. and Car
iton Railroad Co., the decision and verdict of
jury was sustained by Judge Buchanan on the
9nnd that the question was one purely of fact.
MY OF New Orleans vs.. Barriere 4 Bro.--The
nts Of law in this case being identical with those
that Of Hart & Co., just decided, and for the
sons therein given it was adjudged and decreed
It the Judgment of the District Court be amended
that plaintiff and appellee recover of defendants
I appellants $50 and interest at / " cent. from
July, 1857, till paid, and costs of Sixth District
af1' those o. appeal to DC paid by plaintiff
Waste or GRIEF.-The Cincinnati cores
ident of the Mac-a-cheek press is responsible
the following:
speaking of funerals, heard rather good story
an old lady, who learned that an almost girlish
npamon OF her earlier days had ordered a me-
20, and was on the very day of the intelligence
be carried out to that final resting place. She
on her bonnet and started out alone, to take a |
ewell look at friend she had not seen for many
lfs. Unfortunately for the old lady, in the same
set where died her respected friend Mr.. Under /
er G, was engaged in slowing away one of our
st substantial citizens, whose liver had not quite
ne up TO ms real estate. Our elderly friend