The New Orleans crescent., 1869-02-25
BY ASSOCIATE JUSTICE ". g. WILEY.


No. I2s3-Bartly johnson & Co., appeees. Va.
succession and heirs of Besworth, appellants.
Sparrow & Montgomery for plaintiff; NJ. Dubose
for defendant Appeal from the Thirteenth Judi
cial District Court, parish OF Carroii.
This suit was instituted under the act OF 1858, to
revise an order of seizure and sale and iudg-
ment rendered against Felix BOsworth prior TO
1853.
The defense is the plea of prescription, more
than ten years having elapsed from the promulga-
tiCn of the act of 1853 TO the institution OF this
suit. There was judgment in favor Of plaintiffs
ard the defendants have appealed.
In this case the judgment appealed from Is re-
versed and amended, and it Is now ordered that
plaintiffs demand be dismissed with costs in both
courts.
BY ASSOCIATE JUSTICE HOWE.
No. 2043-Wm. A. Britton Co, in litigation vs.
the heirs of Jno. F. Scott, deceased. II. B. Shaw
for plaintiffs, Leach & Lewis for defendant and
appellants. Appeal from the Thirteenth Judicial
District Court, parish of Tensas.
In this case il was ordered that the Judgment
appealed from be avoided and reversed, and that
the cause be remanded 10 be proceeded with ac-
cordiDg to law.
BY ASSOCIATE JUSTICE WILEY.
No. 2054-Fleming 4 Baldwin vs.. ]. d. Shields
ct ais. Appeal from the Thirteenth Judicial
District Court, parish OF Tensas. ii. B. Shaw for
plaintiff, E. d. Fsrrar dd hoe for Shields Farrar
Reeves for intervenors.
Judgment affirmed with costs.
BY ASSOCIATE JUSTICE J. WILEY.
No. 2042-Denis Long vs.. succession and heirs
of John f. Scott. deceased. Appeal from Thir-
ssn,h guacisi Disric; Cent parish Of Tsnss, s,
defendants.
This was a suit on promissory note dated jan
uaTy l3, 1859, and due 18th February, 1861 The
petition was filed 10th February, 1867. On 10th
November, 1868, defsult was taken, and on 10th
November, 1868, final judgment was rendered
making the default inal
From this Judgment defendants have appealed.
Judgment reversed and plaintiff to pay costs in
both courts.
BY Grief JUSTICE LUDELNG.
No. 20l4-Andrew H. Gay VS.. A. P. Marreon-
neatx etals. Appeal from the Fifth Judicial Dis
uict Court parish of lberville.
Talbot & Petit and Mathews for appellant,
Barrow Pope for appellees.
This is a suit to partition certain property held
in C mmon by the plant d and the defendant.
The plea of res judicata interposed by the
plaintiff must be sustained. III l.. 497, Z. 19j,
IL r. 3l9. Z An. $50, G. @. 1870. @. p. art $50.
SCI. 1t is therefore ordered that the appeal be
dismissed al the cost of the appellant.
BY CHIEF JUSTICE J. T. LUDELISG.
No. 20S6-Henry FrelIsen vs.. F. c. Mahan. tax
collector. Appeal from the Seventh District Court,
parish Of Orleans.
Campbell, spofford Campbell, Breaux Fen.
ner for sppellees. s. Belden, Hy. G. Dibble and
Jno. b. Robertson for defendant and appellant.
The plaintiff obtained an injunction against the
defendant 10 restrain bin from collecting the
taxes levied upon plalnti % property by an act OF
the General Assembly of the State of Louisiana,
approved on the 18th day of September, 1868.
This is what is called the one per cent. tax,
which the lower court pronounced unconstita-
tionA.
This court, after going through large list of
authorities decides: " We cannot perceive where
10 the statute in question violates in any man
ner the Constitution of this State"
1t is there ore ordered. adjndged and decreed
that the judgment Of the District Court be avoided
and reversed, and that there be judgment in favor
OF the defendant dismissing the injunction issued
in this case with twenty per centum on one hun
dred and thirty. five dollars, amount Of taxes
whereof the collector was enjoined as general
damages, and that the plaintiff pay the costs Of
both courts.