New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-22
WHOLE NUMBER 924.
THE COURTS.
Seventh District Court

Pontchartrain Railroad VS.. Chattanooga.
Railroad.-In this case defendants claim the
right. under their charter, to lay railroad
track across the track OF the plaintiff In in
junction. The case has been before the
court on argument several days. Mr.. John
Finney, for the plalntlnS, aooresseu she
court last evening.
Second District COurt-Mrs 0oines agaiR
In Court.
Feventes. ct al, vs. Myra Clarke e'GaineS.---
Tn thistcase, Judge Duvigneaud being re-
cused. Hon T. Wharton Collens yesterday
delivered en- opinion dismissing the motion
for a new trial. A motion having been maze
by defendant to remove the cause 70 ing
United States Circuit Court, it was refused,
and a new trial was asked for. Plalntlns
brought suit to annul q Judgment OF this
court, probating a will by Daniel Clarke, IN
der which Myra Clarke Gaines was made
universal legatee. Judge Coilens delivered
learned and lengthy opinion, refusing the
new trial.
Supreme Court Of Louisiana.
This court was not in session yesterday,
It will assemble for the purpose of rendering
decisions in country cases, on Monday, the
| 2Sth instant.
| sixth District Court.
| Judge Cooley, yesterday rendered de.
cision in the case of the Bank of Ocoee, OF
| Tennessee VS.. the Citizens Bank of Lou
| isiana. The Judge decided that the Citi-
| zens' Bank was liable for the amount OF two
notes sent it by the Bank OF Ocoee for coll
| lection. which they collected in Confeder-
| ate money, and afterwards turned the same
over to the United States Government, IN
compliance with a military order issued oy
General Banks, when in the command OF
this Department. The Judge decided, first,
that the Citizens Bank had no right to col
)ect the said notes in Confederate money ];
and, second, that they should have made
opposition to paying the same, whenscol-
lected, over to the United States Govern
ment.
second District Court-Jndge DuvfE-
neaud-Huecesst0n of John Nixon.
In this case the following decision has
been rendered:
This is an action for partition by Ade-
line E. Nixon, widow, in community CI the
deceased, and of Mrs. T. Ann James, Miss
B. l.. NJ. Nixon, John r. Nixon, William u.
. Nixon, legitimate issue and neirs OF sald
= John Nixon, of certain tract of land IN the
parish of st. John the Baptist, and measuring
: il, 600 arpents, more or less.
The other heirs, viz: Henry r. Nixon and
Martha B. Wardeld, widow OF Perry 5. WAR
/. That said Mrs. Adeline E. Nixon,
7 widow of the deceased, has no right, ute
or interest in or to said tract OF land, for this,
to wit: That in q suit lately pending in the
Fifth District Court tof New Orleans, No.
IL 022 of the docket thereof, in which she
. was plaintiff, and Mrs. B. Piffet was de-
, fendant, in which it became the interest OF
said plaintiff to abandon sll claim to said
land, the said Mrs. Adeline E. Nixon, made
and entered in saidlsuit a judicial renuncla-
ton of all rights and ownership to said tract
: 2. They further oppose the partition Of
\ said land by licitation, and desire the par
Y tition of said land among the heirs, to DC
made in kind.
John w. Nixon, an absentee, represented
L by his curator dd hoe, filed general denla
# to the allegations of the petition.
# Upon these several issues this case wa'
Y tried.
i According to article 1884, the remuneration
e of the partnership by the wife must be made
;. | before a notary and two witnesses. Ii
o judicial remuneration of the wife, or rather
r a judicial confession, can supply the act re
o ouired by article 1884, it must contain tnt
# requisites of the law provided for such {
n case, to wit: That the judicial confession o.
d made by the party himself or by his specla
IS attorney in fact. Article 227O, civil Code.
o Without entering upon the merits or sucf
:. a iudicialsconfession, in order to bind tht
, party who made it, it is sufficient for TN
/. purpose of this particular case to state tina
an attorney at law although invested Will
rs power and authority in the exercise OF hi
1t functions, can not bind his client agsins
is an express provision of the law.
g. The evidence in this case, in spite OF tn
C. report OF the experts appointed by the court
n shows clearly and satisfactorily that the Ian.
i. intended to be divided among the heirs, ]
" susceptible, without inconvenience to an
n of the parties, of being divided in kind.
" Ordered that partition be made in kinc
e and that Mrs. Adeline G. Nixon be recoe
h nized as widow in community.