Pointe Coupee Democrat. [volume] (False River [i.e. New Roads], Parish of Pointe Coupee [La.]) 1858-1862, 1859-02-12
Decisions of the Supreme Court.

f. s. Green IS. S. K. Green. In this
case, tie application for a rehearing re-
fused.
The Bank of Louisiana, appellee, rs.
James L. Satterfied, appellant. In this
cased the certificate of Notary OF the
protest on the draft sued Oh, is sui1lclent
to show that said draft vas duly pre-
scented for payment. Judgment affirm
cd. Cole, J..
A. & NJ Hcine, appellees, rs. james
L. sattcrfed, appellant. This case is
not distinguishablc in its principles
from that of the Bank Of Louisiana
AGAINST the defendant. Judgment affirm
ed. Cole, J.
B. I. Sage, appellee, Is. J. G. Kahn, ap-
p%cllant. The plaintiff claimed two lots
of land, Nos. 9and 10, on the Atchafala-
va river; the defendant contests the right
Of plaintiff, on the ground that, as a pre-
emptor Oh the adjoining lot, No. s, which
he had entered in 1858, he having made
application for the complement OF the
800 acres under the State law of 1858,
in 1854, he had a right to cntsr said two
lots, or enough to make 800 acres
Decided, that his improvements being
on lot s, and having entered the same,
he was precluded from entering after
wards any further quantity of land I'M
der the said act Of 1858, and his right of
preemption was extinguislled 10y the
purchase of said lot 8.
The claim of plaintiff for counsel fees
was properly rejected, he being an at
torney and well qualified to represent
his interests in the Court, without the
aid of an additional counsel.
1t is not certainly the policy of the
law to encourage lawsuits OF any char
actcr; but it is not the policy of the law
to prevent Or deter parties from assert
ing or defending their real or supposed
interests, through the apprehension of
damages or penalties in the event of
failure or defeat. Judgment affirmed.
Land J..
G. D. Stewart, and Inhabitants Of Ba-
you Lettsworth, Is. Police Jury Of Pte.-
Coupec. Plaintiff claim the right of
compelling the Police Jury Of building
certain bridges on the Bayou Lettsworth,
in virtue of Il resolution of the Police
Jury proposing to build all the bridges
we 80 feet long or upward, which re-
solution was aiterward repealed. The
Court thinks that the plaintiffs have
shown no ground of action. There was
no contract entered into in this case.
Nothing has been stipulated between
G. D. Stewart and the other inhabitants
of Lcttswor:h. They are citizens, sub
ject to the legal ordinances Of the Police
Jury, as they are to the laws, without
power to prevent u repeal or modlfica-
ton, except in common with the other
citizens, through the ballot-box or the
proper representations to the members
of the Police Jury themselves. Judg-
ment affirmed. Mcrrick, G. J.
Sarah A. Raiford & Husband, appel
lants, rs. W. B. Wood & Wife, appelIees.
This~is an Injunction sued out by plain
tiff, Mrs. Scott, to arrest the execution
OF a judgment aSalnst hef luspalu
which carried special mortgage and ven
doris privilege upon the land and slaves
seized under execution, on two grounds:
First, that Wood has waived the pact
de non altenando in his mortgage, by con-
s%enting to the Slleriff's sale Of the land
and slaves, and could not afterwards
seize the same without giving special
notice to Mrs. Scott, and the delays re.
CURED by law. The second ground was
that part payment had been made
Ruled: The testimony does not cstab:
fish any waiver of the pact de non alien.
ando on the part Of Wood, and no evid.
cncc whatever Of part payment was Of
fered. Damages allowed to the full ex
tent of the law, on the inju nctior
bond, for a frivolous injunction, to wit:
81, 800. The Judgment thus amended
is affirmed. Land, j.