New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-10
THE COURTS.
Supreme Court Decisions,
Nanny M.v &c


John Ch-rtang vs. Leon Strong; P. Rami
reg vs. j. Gonzalez ct al--Appeal from th
District Court, parish OF Assumption
Howell J.
The question is whether twelve months
bond. given by the purchaser of property q
sheriff s sale, is prescribed by the lapse o
five years.
l, is written obligation to pay to per
son therein named absolutely and uncondi
tlonally Certain sum at "a time specified
The additional stipuiations refer only to tht
remedy or means OF enforcement, in case o
nonpayment at maturity. 1t is within the
Class OF written Instruments to be pres
cribed as promissory notes. judgment re-
Versed and Injunction sued cut by plaintiff
perpetuated with costs.
Juan Garcia y Mora appellant, vs.. G. w
avery. Sheriff ct al, appellees-Appeal from
the Fifth District Court Of New Orleans
Talialerro, J.-Ordered, that the judgment Of
the lower court be amended so as to read as
follows: "It is ordered that the Injunction
herein issued be dissolved, at plaintiffs
costs, so that the defendants, Cohen & Nil
son, DO have and recover in soljdo from
plaintiffs Juan Garcia Mora and Jose
Garcia Broras, his surety on the Injunction
bono, twenty-five per cent damages in the
amount OF the judgment herein erioined,
and that plaintiff pay costs.
j. vi sea vs.. c. 4. Weed & Co.-Appeal
from Third District Court of New Orltans,
LudeliDg }. Appeal dismissed.
Crooks Ninistany vs. Mische & Co.-Ap.
peal from the Seventh District Court OF New
Orleans, Ludeling j. This is a suit on a
promissory note. to which no defense has
been made. Judgment affirmed. with one
hundred and seventy five dollars damages
tor frivolous appeal. and costs of appeal.
James Graham, appellee. vs.. successor of
Nicholas Mayoy. appellant.-Appeai from
the Second District Court for The parish of
Orleans, Howe J. Judgment reversed and
injunction perpetuated, with costs in both
courts.
Barbara Hoffman. appellee, VS.. John Heit,
appellant. Appeal from the District Court,
parish OF. Jefferson, Howe, J. Order of
seizure and sale appealed from annulled and
plaintiff to pay costs in both courts.
William Gegan VS.. Mrs. B. T. Bouman, ct
al. Appeal from the District Court, parish
of Tensas, Howell. j. Judgment reversed,
and case remanded, to proceed in according
to the views expressed in this opinion and ac-
cording to law. Costs of appeal to be paid
by DuECao. and those of the lower court to
abide the fnal decision.
j. Pinckney Smith vs.. J. y. d. Williams,
Mrs. NJ. L. Dorsey iuteivenor. Appeal from
the Fourth District Court of New Orleans.
On rehearing. Ludeling c. J.-Ordtr red
that the judgment of this court, rendered
thirteenth OF December 1869 be set aside.
and that the judgment of the District Court
De affirmed with costs of appeal. Mir. JUS
.ice WHY delivered dissenting opinion.
Julia A Mutt VS.. Citizens Bank of Louisi-
ana. appeal from the District Court, par
ssh of Tensas. Howell Judgment af-
irmed.
Succession Of Nicholas Markey. on opposi-
ion to accoun8 Appeal from second Dis
rlct Court, parish of Orleans. Howe, j.
judgment modified and reversed, SO far as
t dismsses The opposition Of James Gra-
1am, and said opponent be placed upon the
account for six hundred dollars, with in
crest az eight per cent. from May Il, 1867,
md to be paid in preference to all other
TENS OF said account, except law charges
proper. of which attorney, fees form no
,att, commissions of administrators, aud
ctual expenses Of sales, and that as thus
-mended, Judgment affirmed, with costs
II appeal to be paid by the succession.
Meeker, Knox d Co. VS.. Cummings,
Brown & Co.-Appeal from Fourth District
,ourt of New Orleans, Howell J.-Judg
nent reversed. and judgment dismis5ing
Plaintiffs demand as of nonsuit.
A, Levy VS.. Corkem and wife, administers
from the District Court of st.
lie elena, Taliaferro J.-Judgment reversed
nd case remanded, defendants and appel.
ees paying costs.
Frederick Bauer VS.. succession of Jean f.
lartin. Appeal from Second District Court
t New Orleans, Ludeliug, C. j., judgment
voided, and judgment rendered against de
eudants for 5000, with Fix per cent interest
n $500 from tweDty-seventh of July, 1861. |
, twenty seventh of July. 1868, and at the |
ate of eight per cent thereafter till paid,
nd SIX per cent on $500 from the twenty |
sVppfh nf .IIV 1871 IF
uly, 1862, and eight per cent thereafter,
inject TO a credit of SIC IS paid on the |
VI nty second of March, 1867, and for c. SITS |
both courts. to be paid in due course of |
Board of Hay Inspectors vs.. Charles
leasants. Appeal from Fifth Distric, |
ourt Of New Orleans. Ludeing G. J. |
lotion to dismiss overruled. The amount |
dispute es not exceed $500; but the de-
ndant alleges that the law under which |
le plaintiff IS rig ht TO the imposts originates
unconstitutional. In such a case this
)urt has jurisdiction. whatever sum may
2 involved. Article "a, constitution.
A. Marquee & Co. VS. Bloom, Kahn d Co.
ppeal from Fourth District Court of New
rieaDs. Bowel J. Judgmenst againt A.
evi reversed, and judgment in MS favor,
ith costs in both Cases.
Margaret 'Haugbrry vs. 81. r. Thiberge ct ,
from the SIKH District Court of
ew Orleans, Howe J. Motion to dismiss
7erruled, aud Lee and Others have until
q first Monday in Novembe[, 1870, to cause |
e proper parties to be cited. /,
F. NJ. Fisk, appellant, VS.. Gibbs, Bright &
o.-Appeal from the Sixth District Court Of
ew Orleans. Motion to dismiss overruied.
Adam Trumbull vs.. William 4. Freret ct
Appeal from the Fourth District Court
New Orleans, Taliaferro J. Motion to
smiss oyerruled.
Bernard Avegno. appellee, vs. s. johnson,
'peiant, B. Merz, subrogated-Appeal from
fth District Court of New Orleans, Lude-
lg c. J. Appeal dismissed with costs.
David Grant VS.. r. c. Hyatt ct al Appeal
om Fourth District Court of the parish of
leans. Taiiafero J. Judgment affirmed.
Succession of Mrs. Eliza B. Hardeslv.-
,peal from Parish Court of East Eeliciana
ldeiiDg G. j. Judgment of the court
% amended by Rejecting the demand OF the
lptst Church of linton, and dismiss ing j
9 application of st. Andrews Church, at
cir Costs, and that in other particulars the
1gment be affirmed, the appellees to pay
sts. /,
Mary Frances Taylor vs. Henry A.
er.-Appeal from the District Court of
st Feliciana. LudeliDg G. j. Judgment
irmed. il
The Supreme Court yesterday sustained
g decisions refusing the applications for
learing in all the saughternouse cases.
This court also affirmed the decision of !
dge DlUbe in the jackson Railroad case, | .
which II. 3. McComb WAS allowed 10 ,
nj the certificates of $4,000 shares of .
ck owned by the city of New Orleans, ,
d purchased by McComb, which were Sc !,
estered by the city.
s.ate, etc. ex rel. city of New Orleans vs.
} Judge of the Eighth District Court, par. !
of Orleans. Application for mandamus {
d writ of prohibition to compel An appeal
b. granted from an order permitting H. {
McComb to bond certificates Of the city r