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


The following decisions Of the Supreme Court
were delivered yesterday, . full bench present :
BY ASSOCIATE JUSTICE v. W. HOWE.
No. l423-Citizens' Bank. appellee. W.. r. H
Dewey, sppellant-Armsnd Pilot for appellee; d.
G. Labatt for appellant. Appeal Third District
This is On appeal from an order Of seizure and
sale, signed January 1885, As to the fret point,
the record showed that the certificate upon the
copy Of the act Of mortgage has no date, while
the mortgage itself Is dated August Z. 1861. Upon
the principle that sworn officer is presumed to
have done his duty until the contrary be proved.
we must conclude that this copy Was furnished,
and certified made, before the act In reference to
stamped instruments went into effect. that is
large, VOL IL, p. 475), and therefore required no
stamp.
As to the second point. the military prohibition
of the foreclosure Of mortgage which Is invoked
by the appellant, was removed BY general orders
No. l13, headquarters department of the gulf,
series Of 1864. the text of which may be found 10
full in the opinion Of this court in the case of
Grsham vs. Taylor, Is An, p. $50, and OF which
we will take Judicial notice. Lanfsar ". Mes.er,
ls An, 4s7: 1t j. unnecessary, then. to consider
what would have been the effect of order No. Is,
II u had remained unrepesled.
We perceive no error in the Judgment appe sled
from, and it is therefore ordered snd adjudged
that the same be affirmed with costs.
BY ASSOCIATE JUSTICE r. K. HOWELL.
No. l5l0-W. L. Cushing Va. W. J. HckIe & Co.
and H. c. Thompsou-Appeal from Fifth District
Court of New Orleans-J. s. Whitaker for appel
lants; r. d. Blossmsn, Jr., for appellee.
The amount being below $500, the appeal is
dismissed with costs.
A rebesring as refused In this case
No. 6S03-G. w. Ciapp, master and owner of
the schooner Carrier Sanford, appellant, vs.. ]. W.
Stanton Co., appellees-Appeal from Sixth Dis.
trict Court of New Orleans.
T. Dat III - a.
-Apps alfrom Ninth Judicial District Court, parish
Of CoDcordia. Rehearing granted.
No. 4-Mrs. Margaret 3. Williams 70. John K.
Routh, her husband, and the succession OF Scott
Watson, intervenor. rehearing granted.
BY cHrEF JUSTICE j. J. LuDELING.
No 1s97-Ion;sa Miller v;dow Cu;cbonnet va
lmsnt Rougienx curator' and his wife. on re-.
hearing.
In Nav. 1865. this court delivered an opinion in
this case. reversing the Judgment of the court
a 0aio and dsmiseipe the suit on the ground that
the Second District Court of New Orleans was
without Jurisdiction ratione nateria. On the
AID June, 1868, new hearing was granted on the
question of Jurisdiction.
The pIsiniiff alleges that she was married to
Claude Guichonnet on the 9Th July 1868 that
there was a marriage contract between them
which contained the following clause "Eu con.
siderstion du futur marriage ct pour Sc donner
une preuve de l'attachement que les future epoux
mutuelle et irreyocabIe an survsn. d;enr' de-
tony les bieps dont 90 comnosera la snccsss;on
dn premoursut.n That G. Guichonnet died on the
"a INV 1s5s. that the snccession vas onenea in
,hs SsSord nssr;ct Conrt oS Nev Oreans and
,het sa;S ponn;eny ohtainea he cnratn-sb,n 81
said snccsss;on nv faIss,v ana frandnIsn,v prs
tsra;rr 20 be q cyaa;,os IT,. go $500
h. v;ng Inns ohts;nsd nnsssss;on Of sha $780,,
Of he Succession of Cfsnde Guicbonnse csussd
" - e o1S ga af,. ; ~ onuSeu u
70 Ds soio' anu a,.sa psyhg tns oeols OF the sue
suonn,;nr ~ taage so 20 tSa rannn, s'sos,
TIN ,nor,eaNa no,e ~, 40 600 Ia ~ ha 49,
sxaontsa IN r. ss;d cn;ahrnnss. hsfes. d. Do
dousouie. on the 3ist Nav iss1 in favor Of MAI
VIVA Marie CssteIz yife Of Imsn Ron ,;snx
shs fnrtber alec shs; har s,id hnsSana a. NO.
one ~. '.ei ~. sl". uy s.'u "usysuu u.o NV
,hat T,nd. Sn;ohons, ssuon duu muassAge,
-hs,sver s.n,a LA Ms,.;, s.n. py
money wns.sver run sa'u me'vi1s Amen.ne nou-
gleux, ana ,hat sbe never nad any money 70 ieno;
,nat TUG pote All no tgsge, Proveu " nave
s'spsu py SAT- II1ienosnes,.w ss 'aaso, iIauou
zen. ana slmulateo aao mace Ior tne purpose Oh
oe1rsuoing your peutone, Of ner iawIuI r'gnts.
ing cou.. al.es so.ns .nrousn iafgo suouns
Of su.noriues anu applying inc same DECIDES Is
We agree with the iudee a o,o that the plain.
tiff has fully established her right under the mar
risee contract to all the property Of the deceased
alter paying the debts against the succession.
9. Z. 1915, 230s, z509 and ISL Creswel vs.. Levy
Ell al, l9 A.. 52s-
1t is therefore ordered, adJudged and decreed
that the Judgment rendered py this court in this
further ordered. adiudqed and decreed that the
Judgment Of the district court, so far as it de.
clares the plaintiff to be the surviving spouse of
Claude Guichonnet, deceased. and as such en-
titled to his entire estate under the marriage con-
trs ct. and that the claim Of Amant Rougieux for
sl2 600 is fictitious, null and void. be affirmed,
and that said Judgment be reversed and annulled
10 al otner paris;
,bsra ha ;ndSmsnt IN ;svay Of ~" I.on;ss MiiIsr
Widov Go,cb. met and aoa,nst Amant Poucieur
cnrs,or ~ The snccssson Of Clande cn;chonnst
~, tba snm IF sssSs S0 hein1 The rsms;nJsr ~
,Sa Trocssds ~ ,bs saIs 81 ,5s n,onarsv ;nvsn.
.o.dd IT., she rs.ment 81 ,I'a aphts 81 tha suc.
csss;or nth Sye nsr cen, s,er sDnnm ;nsersst
therann from 1I,b knril Ises I'M ns;d
II ;s 1nrther ordera5 tha, ths r;sht ~ tba n,oi,
.;s - .a..S -. rroa.sS ora;s. ponpr;anx
sna Ma,v;oa Ponpsn1 Sor srons,tr i.sosa;u1
anu n aisina a. no1syuA .or p.yIpo.y oeossus
wScb have bsen
in'en'oiieo, which .nny no'e peeu oPPAoPiioseo
by them or either OF mem:
is further oroereo that a. hougieux, curator,
pay the costs OF lower court, and that plaintiff and
appellee pay the costs of the appeal.
NV Associative 1rsr,cr a r.,,I.vr,o
No l636-R Y. Chsrmburg vs. Bloomfield Il
SteeiGAppeai from tne Fourth District Court OF
New Ulieans0nen'y .. Leovy Ior oeienosn's ana
u, =. tIor pisnun.
Inc amount III controversy IN tnl3 case Oelng less