New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-09

b 80 2
The State vs.. NJ. Jurehe, for murder
| SECOND DISTRICT COURT.
| Succession Of r, Griffith. H, Browne. III
| Succession Of Mrs Alexander Mcponafd-Wh hit
kerr Fellows & Mill. ~--'s''re-'''s=s
Succession of David Barbour-Elmore & King,
Succession Of j. H. Claek--J. N. Lea. J. E.
Wallace, Philips Levy ~ 1s@s4F 80 'v. 9 .-.t
81 v{-4a sG5 EXCEPTION. n w. .l-UH slaE sHa
| Jas. Fuller executor, vs. Alexander Pereira--
| To. Walton. G. Dufour. 5sa istt ilsJ 5.sta irr
| a4- &, THIRD DISTRICT COURT. = t,s 7.lye
| John G. Stewart VS.. His Creditors-Durant d
1 j. Z. Rosenfield vs. Adams Express Company
/ Sullivan, Billings & Hughes. Roselius & Phillips
| Richard vs., Aldigs, ct al-Magne. Castera. 3as
Micas vs.. His Wife--Roselius& Phillips. Durant
| Edward Daley vs. D. Reagan, ct ALA. p Field,
Budd & Lambert. Coleman, Mann. 4 ~ q 10y
Charles Truduff vs. j. P. Rems and G.. iGernon--
Mix d Robinson. Morse. -tsxy 5sts Ia
4 Richard Kissane vs. L. Colburn-s. S. Fish G.
/ Christy. 'SERssf9a sS'l' W. + '57''I-.i'.t
r. Hanley vs. VIM May-Howard. Mott. ~
| G. H. Willett VS.. VIM. Ayers. W. A. Riggs.
Van Dolson. s..:.. 49,. .,, Sc. .,Its,..,sss -
/ P. Dafressaux vs.. B. Cazanave--Ho Holland
Biron. 8'i
| Schneider & Zuberbier VS. Schooner Josephine,
et al.-Dirhammer. Sambola Il Ducros. ST. .,E
4 Sambola Il Ducros.
| F. Aufenkolf vs.. Schooner Habermeister ct al.
lie. Morel. Sarnbola & Ducros. as rg7s- lal
John Davidson VS.. Mrs. r, Rder-Sambola 81
Ducros. Whitaker Felowes d Mills. 3d.. ,-
/ Bridget s Keenan, vs.. H. Blakesley-F. Haynes.
| T. Fl. Howard. Ef5t715 t@3 ss4
| FOURTH DISTRICT COURT. Oh W. tHN
| ". E. Bailey vs.. city of New 0rleans-Bu
& Gilmore. 4. Fl. Hewes. =. Il4.!fs-' s5s
| Sol. Weiner vs.. steamboat Mollie Able and own
| ers--Philips & Levy, Hunt & Denegre. w
| Anatols L. Cousin vs. Capt. Bonpas ct ais
Whitaker, Fellows & Mills. 4. Z: Tissot.
Mrs. j. a. Blanc vs.. Victoria Maignam-Duvig-
J. F. Forgay vs.. A. Desmare-T. L. Bayne. N.
| II. Rightor.
Hannah Hornbeyer vs.. G. F. Gauche-Field q
| Shackleford.a Hornor b Braughn. t.E sl5g ssg
5M{ysg7 35 UHAPPEAIABLx CASE, iii zU4 qSi s&t
| Green g. Elder vs.. Y. Soniat ct als.--Elmore i
king. E. Be,mudez. sr - s, ~, 9, ID T..
l. FIFTH DISTRICT COURT. &g.. =. Il
~ JURY CASES
! Alex. Brown vs.. steamer Frances, master and
owners Whitaker Fellows Mills. H. j. Leovy.
n85 9&TH z4 AppEALABLn CASES ,t0 ,53sS.4 $ias
| Gillaspie, Brewer q Co. VS. W. d. Stevens-T.
| u McCay. Clarke y Bayne. : .&
| CA. Parker VS.. Fl. N. Weber-Wh itaker, Fell
lows and Mills. Roselius & Philips -,
| VIM. Wrigley vs.. steamer Charles Bowen ct L.
". Il. Is"
t Eyeline B. Broadhead vs.. Harvey Gild-W hitaker,
| Fellows g. Mills. Derbes and Bradford. 4r
P. H. Mousseaux vs.. Ed. Thebeno ct ALL. W.
| Collens. Whitaker, Fellows Mills. u.
| Richard Humble VS.. Thos. h. Ricks--Belden and
Fuseer. T, s. McCay. N III .tAg4.ef+t, +, srz5a
H. SIXTH DISTRICT COURT. u, 5,. d,
! Charbonnet VS.. J. A. Wagner-Dufour. How
/ ard 'v 81 8Sf S.a 5s n 49,
| Courtade VS.. Castaigner-Hiestand. Castera
4. j. Dye VS.. New Orleans and Bayou Sara Mail
Company Whitaker, Fellows 4 Mills. Morgan
| & New. 7aI's#a1 75ss
g. Desjois vs. David wilson-cambray, Magne.
/ Coleman. sssass srf Z. 49, I'd sa4
/ j. Barker VS.. G. L. Chase-Pro. per. Lacey. e.,
y. P. Harrison vs.. N. NJ Miller-Harrison &
4 Hunton. G. E. Schmidt. *-S 7
CONDENSED DECISIONS OF SUPREME COURT. 81
I Henry w. Walsh, appellant, VS.. Reuben w.
1 Knicke appellee; appeal from Fifth Judi
| cal District Court, parish Of East Baton Rouge
This is contest between the parties for the Office
Ct District Attorney Of the said District The de.
April, 1864 His commission does not state that
his appointment was made with the consent of the
4 Senate. The appointment was made under the
Constitution of 1852, the vacancy being created by
! the death eff the former incumbent. The plaintiff
was appointed 18th of April, 1866 and claimed that
the defendant 9 term expired at the following
sion of the Legislature, his appointment not having
been ratified. The Court held that the Constitution
gave the Governor the right to fill vacancies
and that the consent of the Senate was
not necessary. Judgment affirmed in favor
tof defendant, Knickerbocker. H,'3S@z&l'- f'A.5
! Adolph Bourhard vs.. Palmer ct ais. Appeal
from the Sixth District Court of New Orleans.
This Is a contest for possession of fifty hogsheads
of sugar. Judgment affirmed in favor of plain
tiff. mas.
Maria Heyob, wife of Joseph Bourdette. HAp-
peal from the Fourth District Court. The plaintiff
sued for Judgment against defendant for SO, 900,
one half of a sum which she alleged was not in
cluded in a settlement Of community property that
had previously taken place. Art. los, @. p, de-
clares that" married woman cannot sue her hus-
band as long as the marriage continues, except it
be to obtain a separation from bed and board, or
for the reparation Of property, for the resttu-
ton and enjoyment of her paraphernal property, or
in case she holds her property separate from him,
| by her marriage contract but in every case she
cannot without the authorization of the Court
| before which she brings her action.t The Court
held that there was no for action, no one
of the plaintiff s demands came within the provs.
ions of the article. Exception Of defendant main
| tanned, and plaintiffs suit dismissed. Esd
| Consolidated cases OF AngeloLanata and ]. B.
Macera and Antonio Borzoni VS.. J.. B. Macera.
| Appeal from the Third District Court Of New Or
leans. Inthe latter case the Judgment was given.
The case was not appealable, the suit being for
less than $780, and the fact that it was consolidated
did not confer Jurisdiction on this court.
Rose Newton vs.. D. s. Dewes ct al. Appeal
from the Second District Court of New Orleans.
Judgment affirmed, and deereed that plaintiff re.
covertrom defendant sl20 damages for frivolous
appeal. vi a,y4lsi gtib -. nj ID. .1G
T. EDWARD BarnetJ ana Williamson Terry, TESLA
mentary executors of s.. +. Slater, VS.. F. New
hall, appellant. Appeal from the Sixth District
Court of New Orleans Judgment affirmed. b,
George W. Clarke VS. Perig Bros. Appeal
from the Third District Court of New Orleans.
Judgment reversed, and case remanded to be pro-
/ ceeded in according to law. III --.,.gs, vi bsl
Augustus yDevall vs. succession of Geo. w.
4 Waterston. Appeal from the Sixth Judicial Dis
4 Court of the parish Of Livingston. Judgment re-
versed, as given by this court, in favor of de-
PENDANTS. y5.s. 55g!lss1 1a5s.
f. T. Parker, syndc, VS.. Joseph Greer-Joseph
Greer, plaintiff in rule, appellee VS.. L. 4. Parker
/ ct al, defendants and l. x. Bernard warran-
tors. Appeal from Second District Court of New
Orleans. Judgment of lower court against A. &
X. Bernard and in favor of L. I. Parker erro-
lneous. Decreed that L. T. Parker nav to Joseph
4 Grelier the sun of 1884 with interest and judg-
ment A. X x. Bernard to pay the same
sum to e. II. Parker annulled; also Judgment
4 of non-suit in favor of said A. &. X. Bernard.
Leo Tarlton VS.. Joshua James. Appeal from
Thirteenth Judicial District Court of parish of Mad
ison The plaintiff obtained on 29th April, 1861
an order of seizure and sale upon legal authentic
evidence, consisting of four notes, amounting in
principal to So 1852 95, and duly certified copy
of mortgage given to secure payment of said
notes. which are the last of series of notes given
for part of the purchase price of the property
II against which the mortgage is sought to be en-
forced. The Court held that there was no irreg-
ularity error of which the defendant could com
plain, and considering the appeal taken for DELAY
al ~.