New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-24
THE COURTS.
seventh District Cour,

| Frederick MundeZ VS.. Mrs. Myra Clark
Gaines.-Plaintitf brought suit to recover
$50 in money and note for $500, given
by him for quit claim deed from de.
| fendant to lot of ground within the limits
of the 1920 toises of land lately claimed by
| Mrs. Gaines, below Canal street, in this city.
BY consent of both parties, Judge Collehs
| has made a decree in the case, under which
| the defendant returns the money and the
| note, and the quit claim deed is annulled,
the plaintiff paying costs. Dirrhammer and
Kennard, of counsel, for plaintiff
Z. Z. Norton, official assignee of G. s.
Hayes, VS.. John S. Simonds. -This suit was
| for S25 COO, the estimated value of the
| steamer Starlight, tine property of the bank
| rupt, Hays, which it is alleged he had trans
ferred to the defendant, to the prejudice
| OF his creditors. Defendant fled peremp-
| tory exceptions, stating that Norton was not
! the legally appointed assignee; that this
| court has no Jurisdiction, and that Norton
| does not bring the suit for the benefit of the
creditors of Hayes, they having released all
| their claims against him.
Judge COllens yesterday rendered 8 de.
| cision in the case, to the effect:
| l. That an assignee may sue in State
| court to recover the debts due and property
| belonging to bankrupt.
2. That the two years. prescription de-
| termined by the second section of the bank.
| rupt act runs from the day the assignee Is
| appointed, if the cause of action has pre-.
viously existed, or from the date when the
cause of action arises. if it arises after the
| appointment.
8. The limitation of four months and Of
six months, in the thirty fifth section, apply
| to transactions (which, though fraudulent
| are intended by the contracting parties to
| be real and to be carried into execution
but they do not apply to mere simulations
| contrived only to create false appearance
| of tltie. It is the same distinction that eX
lists in the civil law between the revocatory
action and the declaration Of stimulation
| One is prescribed and the other is not.
4. The assignee represents the bankrup;
and ia vested with all the bankrupts right:
of action, etc.; but he also represents the
creditors and exercises their rights OF action
to subject the bankrupts property illegally
| held or covered by third persons, to the pay.
ment of their demands.
| Exceptions overruled, reserving to the de-
PENDANT the right of pleading anew the
limitation of six and four months npon the
merits, should the facts DresentSa case OF
| fraud instead of mere stimulation.
sixth District Court-An Eighth DistricI
| Court Gave.
| State ex REL William Durbridge Va. f. J.
| Pratt. This is suit is which plaintiff pray
| ed for an Injunction restraining defendant,
as President of the Slaughter House Com.
panyA from FORGETTING certain shares Of stock
| owned by him in the company, for non-pay-
| meut of his pro rata assessments. iesteT-
| day defendant filed peremptory exception
| stating that the Eighth District Court has
| Jurisdiction of cases of this character, and
asking that the matter be transferred to that
! court. J. P. Horror Of counsel.
Alfred D. Evans VS.. Opelousas RaIIroad-
In this case plaintiff claims six hundred dol.
lars, the amount Of coupons held by him as
owner of bonds issued by the company. he
| AYERS that the company mortgaged certain
property to secure the payment OF these
bonds and coupons, and that Charles Nor
gan, representing majority IN interest OF
the bonds issued by the company, brought
suit in the United States Circuit Court
under which the property so mOrtgaged was
sold. Plaintiff AYERS that the amount fOI
which the property was sold was insufficient
TO pay in full the holders OF the bonds; and
that he has, a. yet, received no payment
whatever on the coupons held by him, but
that he expects shortly to receive partial
payment ont OF the proceeds OF the prop
erty sold. He asks Judgment for the six
hundred dollars, with interest, subject to a
proceeds of the sale made under the judg.
ment in favor of Charles Morgan. G. Rod
ney May plaintiffs attorney.
Eighth District Court.
We understand that Henry c. Dibble,
Esq, has been appointed Judge OF the
Eighth District Court, created by the act Of
March 16, 1870.
United States Circuit Court.
In the matter of the Bank of Louisiana
in bankruptcy, petition has been filed in
this court aud returned, with an order OF
Justice Swayne of the United States Su-
preme Court, allowing s,perstd.Gs.