New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-12
THE COURTS.
Second District Court.

The clerks office of this court was dis
covered, Yesterday morning. to be in danger
of conhagratiOn. An empty coal box, on
the lower tioor, was in q blaze, hole over a
foot in diameter had been burnt through
the floor, when the discovery was made by
the watchman in charge of the building.
The fire was promptly put out, which, in an
hour, might have destroyed the courthouse
building, with its valuable records.
How the fire could break out in an empty
coal box, whether by means of lighted
cigar carlessly thrown, or by the act OF an
incendary. is a matter of doubt. The Office
had been closed at three o'clock the pre-
vious evening, and the smoke Of the fire
was not discovered until seven o'clock yes
terday morning.
Succession Of Aaron Harris-In this case
quite an important decision has been rem
dered by Judge Duvigneaud. The question
involved the validity Of sale of succession
property treal estate), sold to pay debts, in
consequence of a creditor moving by rule
to force the administrator to sell, when the
adjudication was for less than the appraise-
ment. After stating the pleadings. the
Judge concludes:
1t is quite evident that the sale was ap-
piled for to pay the mortgage debt of Mrs.
Alexander Harris, and she is a party to the
order by the appointment of an appraiser,
of succession of Fritz (l2th Ann, 36S, is
identical, and can not be distinguished from
this. That case was approved and cited in
18th Ann, 52S Those decisions are on ar
ticles 99O, 99l and 992, G. p. 1t requires
that immovableproperty of SUGGESTIONS, ac-
cepted with benefit of inventory and sold
for cash, must bring the amount OF the ap-
praisement, or there is no sale, although the
property is sold to pay debts. The amend
ment to article $50, by the act OF 1869, pro-
vides how the appraisement should be
made, and the creditor in this rule has
availed herself Of the privilege of appoint
ment under it.
In 5 A., 43S, the Supreme Court, presided
over by Judge Eustis, said: "Article 800 re-
Guires that property, which is to be sold to
pay debts by an administrator, must bring
the amount Of the appraisement for cash;
but if that amount be not offered at the pub
lie auction, it shall, after new advertise
ment, be sold on credit of twelve months "
proceed in the collection of her judgment
by the mode pointed out in 10 A., p. 52S, to
cause an administrator to sell for cash; that
said application is upon her behalf, and also
her appointment of an appraiser to establish
the validity Of such sale, l see no other
way than to apply the articles Of the Code
of Practice intended to govern in such
cases. See - A., 6S; 10 r., 43; R., 95; II
A., 37s. The rule must be discharged.
Sixth District Court.
The great case of Mulligan against the
city of New Orleans, was being tried yes
terday morning.
The suit is founded on contracts for city
improvement, involving the liquidation Of
large amounts.
Peter Kaiser was examined relative to his
experience as chairman Of the Committee
on Streets and Landings when certain Of
these contracts were paid for.
The case viii probably occupy the atten-
ton of the court several days.