The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-22


allow any Of the debtors Of successIous. ho wever
just, and take suspensve appeals on ell the judg-
ments that might be rendered 10 the inferior courts
for the purpose Of usiog the funds Of the estate
Law would thereby be defeated. -.
We think the district judge had Jurisdiction and
should have entertained the motion.
This proce edng end the suit now on appeal are
separate and independents proceedings.
mus be made peremptory, requiring the judge Of
the Second DiAtrict Court Of New Orleans to take
cognizsnce of, hear and determine the motion Of
REALTORS dismissed on exception.
BY ASSOCIATE JUSTICE W. ". HOWE. 3
No. lash. and N. Marks vs.. L. Bloom. Ap.
peal from Third District Court. J. b. Cotton for
appellee Breaux and Fenner forsappellsnt.
lbs action is brought upon an open account
for bill of goods sold and delivered to defendant
Nov. 10th, 1862. The defendant excepted and an
fwered that there existed partnership between
the plaintiff and himself In reference to the goods
whose price Is sued for, ana also in reference to
The view We have taken Of the case renders IL
unnecessary to consider the plea of prescription
OF three years. ~ stl
In the ressons given II is ordered and adjudged
that the judgement appealed from be reversed,
and that there be judgement diminishing the claim
OF plaintin with costs In both courts, reserving,
however, their rights to sue for settlement Of
these transactions considered a. those Of part
nership.
BY ASSOCIATE JUSTICE J. @. TALIAFRRRo.
No. 1425-wolf & Pretto vs.. National Marine
Fire Insurance Company Of New Orleans. APP
peal from the Fourth Distrit Court Of New Or
leans. N. M. Cohen for appellees and Henry B.
Kelly for defendant and appellant.
that h SUI, Or9nsnI on policy o.
the company II bound to them for IL t327l OF.
The defendants specially deny any Indebtedness.
In this case the merchandise insured was ship.
I'D fp,v, Nat 90 Me-
The loss was estimated upon the value of the
goods in New Orleans. We do not consider the
invoice ss legal evidence of the value of the
goods. The Judgment should have been one of
1t is, therefore. ordered that the Judgment of
the district court be annulIed, avoided and re-
versed and is ordered that this suit be dismiss
ed without prejudice. the plaintiff and appellees
paying costs In both courts Parsons on insu-
rance, vol. 2. p. "a and note R. 442, Martin l2s
Mr.. Justice Howe having been engaged In this
Gaze took no part In this decision.
No. l34S-Jno. B. Murison q Co. Va. Andrew
]. Butler. Rehearing refused. r
BY ASSOCIATE JUSTICE R. K. HOWELL.
No. l2s0-wm. C. Budd, appellee, W.. Joseph
Snnson; Mrs N. J. Stinson. intervenor and appel
liant. Appeal from Third District Court of New
Orleans-Wm. E. Murphy for plaintiff and appel
lee Alex. 7. Steele for appellant.
This case, on motion to dismiss as to which q
Iehearing was granted, and on the merits. The
merits the judgment of the lower court is affirmed
with costs.
BY ASSOCIATE JUSTICE W. @. WILEY.
No. l374-Jas. Joseph Jones VS.. Police Jury Of
Parish of Orleans, right bank. Appeal from
Fifth District Court of New Orleans-Race, Fos-
ter J. Merrick for appellant; T. E. CAmus for
appellee.
Plaintiff sues to recover damages for alleged
breach of contract.
The evidence seems to be so conflicting and IN.
satisfactory that the ends of justice require this
case 10 be remanded to the district court for new
trial, appellee to pay costs.
BY ASSOCIATE JUSTICE W. W. HOWE.
No. ls65-Aarcn Ansell vs.. The Board OF
Health of the State of Louisiana. Appeal from
the Third District Court of New Orleans.
In this case the amount In dispute being less
than $500, 1t s therefore ordered that the appeal
be dismissed with costs.
BY ASSOCIATE JUSTICE J. @. rALIAFERRo.
No. 1s9l-Chas. E. Spencer & Co. vs. T. Jones
& Son. Appeal from the Third District Court of
New Orleans.
The amount involved being less than $500, the
motion to dismiss the appeal must prevail.
Miller and Huntip gton for appellees; Randolph,
Singleton and Browne for appellants.
BY ASSOCIATE JUSTICE R K. HOWELL.
No. 1889 p. Morere vs.. p. G ,llaher.
The amount being less than $500. the appeal is
ds missed with costs.
BY ASSOCIATE JUSTICE R. K. HOWELL.
No. 1606-Mrs Margaret Fdz,immon, W. Pat.
rick Halpin. Appeal from the Fifth District
Court of New Orleans.
The amount being less than $500, the appeal is
dsmjssed with costs.
No. l3Sl-Anne B. wilkins W.. ellis Il Fer.
guson-Appeal from Fourth District Court. Re-
hearing refused.
No. ios2-Abraham c. Myers, testamentary ex.
ecutor Of The estate of d. Z. Twiggs, vs.. John
Mitchell. Rehearing refused.
No. 1929 Mary G. Shaw, wife Of Arte6hon Hill,
vs.. the sheriff of Orleans. Rehesring refused.
No. l397-T:B. Lee We. Levi Hubbell. Rehear.
ing refused.
No. 1906 herallsy 4 Hem vs. city of Jener.
son. Rehearing refused.
BY CHIEF JUSTICE J. T. LUDKLNG.
No. 1855. B. Etcheverry va. j. 8. Simonds-
Appeal from Fifth District Court of New Orleans.
VIM. h. Hunt and @. E. Whitney for appellee
Beniick Eesn for appellant. Appeal dismissed
and appellant pay costs.
BY associate JUSTICE HOWE.
State on the relation of George L. Cain We. Judge
of the Sixth District Court for the parish Of Or.
leans.
The relator prsys that writ of msndamus may
issue, directed to the judge OF the Sixth District
Court for the parish of Orleans, commanding him
to grant suspensive appeal In the case of Robert
E. Diamond VS.. George l.. Cain.
The merits of this controversy for ONCE are not
involved in this application: The only question
is whether the defendant restor in the proceed
ipgs at bar, is entitled to suspensive appeal from
the judgment recited in his petition.
The judgment reads as follows:
"It Is ordered that the writ of quo udyrdnto
issued in this be maintained and lie ordered
sdjudged and decreed that Robert e. Diamond be
recognized as the legal chief of police Of New
Orleans, and that Q writ of injunction issue a.
prayed Tor in the petition in this case, command
ing George L. Cain not to interfere with the said
Robert E. Diamond 10 the discharge Of his duties
as chief Of police Of the city Of New Orleans.
upon said Diamond giving bend and security con-
ditioned IS the Law requires, IN the sum Of two
thousand dollars; and further, that Geo. L. Cain
pay all costa Of this proceeding"
The respondent, In his answer to the applica.
ton. makes several points, which are examined 10
their order. As the merits Of the controversy for
the Office are not involved In the present applca-
ton and decision. we content ourselvss with
giving the decretal portion Of the decision Of the
Supreme Court. with the remark that Q points
made BY the counsel for Judge Cooley, OF the
Sixth District Court are ell overruled.
Ibis portion Of the decision IL a. follows:
For the reasons given 1t IL ordered and ad.
judged that the rule to show cause be made ab-
solute, and that q peremptory mandamus issue
herein a. prayed for and according to Law.
directing the judge Of the Sixth District Court for
the par sh Of Orleans to grant suspensiye appeal
to this court from the Judgment rendered In the
case OF Robert Il. Diamond Gooy0a r.. C.;u