The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-23

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II Il well settled that petitioner cannot beper.
mitted to prove more than he has alleged.
We see no error in the judgment. 1t Is there
fore ordered that the judgment appealed from be
affirmed with costs.
BY ASSOCIATE JUSTICE WILEY.
No. 2092-wm R. wimbisn, appellant, W. 10.
seph j. Wade and G. Z. Percy, appellees. APP
peal from Seventh Judicial District Court OF
West Feliciana. Samuel ]. Powell for plaintiff,
Winter Il Butler for defendants. AZ
Plaintiff sued the drawer OF draft, Joseph j.
Wade, and the indorser thereof, Chas. Il. Percy,
after the same had been dishonored by the drawer
and duly protested.
The defendant Percy pleaded the general issue.
The defendant, Wade, after making general
Denial averred ''that the draft sued Oh was given
the payer thereof G. E. Percy, on account OF GER
tain notes of his respondent In the purchase from
him of certain tract of land In the psIsh of West
Felicisns; that at the time Of said sale Percy was
az stil is without title 10 the whole Or portion
of said land end that in said act OF sails It was ex
pressly stipulated that this respondent should
have the right to withhold payment OF said notes
until his title to said land should be made perfect
and completes; that said draft was given with the
express understanding that said titles we're to be
completed and perfected which hes never been
done by said Percy. Nor is it now within his
power TO do So" - L.
BILE length, delivers the opinion Of the tourtss fol.
II is therefore ordered that the Judgment sp-
pealed from be affirmed as to the defendant @. E.
Percy, and that it be avoided and ansulled as to
the defendant Joseph ]. Wade, and il is now or
dered that plaintiff recover judgment against him
in solido with the defendant Percy; thar the costs
of this appeal be paid by the defendant Wade,
and the costs of the lower court be paid BY the
defendants an s0lido. =
BY ASSOCIATE JUSTICE W. @. wy..EY.
No. lssS-Richard johnson VS.. JohI. II. Geuni.
son. Edward NJ. Ivens. appellant. Appeal from
the Sixth District Court, parish of Orleans. Lacy
& Butler for appellant r. johnson; J. Livingston
for plaintiff and appellee.
overruled.
BY ASSOCIATE JUSTICE J. WILEY.
No. 1456-In the matter of tue succession of o.
s. Rousseau. Appeal from the Second District
Court of the parish OF Orleans. Randolph, Single
ton d Hardee for Miss Aimee Rousseau, appel
liant. Horner 4 Benedict for John Coleman Il Co.
The appellee moves TO dismse this appeal as
concerns the appellant, John Colems1 81 Co., on
the ground that the amount which he claims and
which was dissllowed him by the lower court. 10
less than $500. and as concerns MISS Aimee Rous-
sean, dative executrix. who claims TO be also APP
pelsnt, because the record does not show that the
order of appeal was granted TO her. and because
she has given no appeal bond, and rnrther, be-
cause all the parties interested in main ning the
Judgment have not been made parties ~ this sp-
peal.
The record sustains the allegations Ubon which
the motion is made. :
1t is therefore ordered that this appeal be dis
missed at appellants costa.
BY ASSOCIATE JUSTICE W. W. HOVE.
No. ll69-wm. Thiel VS.. c. M, Conrad. Ap-
peal from the Third District Court OF New Orleans.
Jno. e. Holland. for appellant, c. NJ. Conrad d.
SoDs for appellee. .
The plaintiff eDjoined the execution cS a writ of
seizure and sale issued IN executory proceedings
for the collection of certain promissory notes se-
cured by mortgage and vendors privilege. His
petition alleges TWO grounds for the injunction:
LIST. That at the maturity of the no.e he ten
dered payment, and that therefore the interest
demanded from maturity could not be lawfully
claimed.
%. That the payer of the notes. defendant in
Injunction, engaged in the service OF the $50
called Confederate States" as a membsr OF Con-
gress. That payment of the notes TO him at their
maturity and during the war, was forbidden by
law and general military orders, and that there
fore the interest demanded after maturity could
not be lawfully claimed.
The answer was general denial. with prayer
for damages against both plaintiff and hie security.
There was judgment in favor of defendant dis
solving the Injunction with damages az ainst the
plsir tiff alone and the plaintiff alone has appealed.
The court, after reasoning fully and car efully
For the reasons given It is ordered and adjudged
that the judgment appealed from be Affirmed with
costs.
BY ASSOCIATE JUSTICE HOWELL
No. 206S-C. +. Lex aod wife vs.. southern Ex-
press Company. appeal from Fifth District
Court, New Orleans W. w. HaDdIin for appeIlees
h. J. Leovy for defendant and appellants.
motion to dismiss overruled with costs.
BY ASSOCIATE JUSTICE HowEi
No. 1407-Jas. Lusk vs.. Graham d Cole.
rebearing was granted IN this case upon the
single question whether or not the defendants are
bound IN sotido.
We are of opinion that the obligation of the de-
PENDANTS was joint a. d not SOLITARY.
IL is therefore ordered that the Judgment here
tofore rendered by US be set aside.
II is further ordered that the judgmen. appealed
from be reversed. and that the plaintiff recover
from the legal representatives of the defendants,
the cum of $ll46 g. with legal interest from Octo--
Der LIST, 1858, until paid and costs IN both courts
One half to be paid by the Representatives OF the
defendant Graham, aud one-half by the represen-
tatives of the defendant Cole.