New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-13

the Seventh District Court of NewaOr-
llesns-Ludeling, c. ,J.-M0tion ia. disciss
.apeeal refused.
State of Louisiana lex rel Francis C.
Mahnn VS.. Antoine DASuclet. State. Treas
ure..Taliaferro, appeal from the
Ordered that the rule taken by the relakor
against the defendant BE dismissed at.1e.
lator's costs.
.-Stete of Louisiaca VS.. Alexander
GraxiOtti- Taliaferro, appeal from. tie
|. First District Court, parish Of Orleans.
Judgment of the lOwer court affirmed.
Colenels Shenelian aad Dewitt, C. s.
C0.-sEyly, appeal, from the Third. Die
trictCourt. Judgment Of the lower court
avoided and amended, and that there be
Judgment in favor of C. S.Gamuel, garnishee,
and that the plaintiffs pay costs Of betk
W.. f. II. Stackhouse VS.. Games +. ZuntZ.
Howell, .J.-Appeal from tie Fifth District
Court, parish of Orleans. Judgment Of
lower corrt reversed, and that the i1junc.
ton obtained by plaintiff on an order OF
seizure AID sale be perpetual, with costs in
both courts. This case grew out OF the non
payment cf notes and mortgages given for
the price a. slaves sold to plaintiff after the
abolition OF slavery
Seraphin Brow ct ais. Vs. Widow p. p.
Becnel-Wyly, Appeal frosl the Fourth
District Court, parish Of st. Charles.
Judgment Of lower court Affirmed with
costs.
State of Louisiana ex rel. James +. Ard
! ga. Henry II. BankstOn--HOwe, S.-Appeal
from the District Court, parish Of Tangipa-
hoa. Motion to dismiss appeal Ove.ruled.
J.W. Mclean vs.. A. Foster Elliott-Talia-
fe.ro, Appeal from the Fifth District
.Conr., parish Of Orleans. Motion to dismiss
appeal Overruled.
State of LOuisialaSex rel. Joseph L. Mon
tieu We. Ursin Lavig ne-Howe, J.-Appeal
from the District Court, parish Of !etter-
son. Motion to dismiss appeal Overruled.
Martin Farrell VS.. Thomas O'Neil, Gilbert
Lyman. surety, Mrs. Gilbert Lyman, Oppo-
nent-Myly, Appeal from the Fifth Dis
trict Court, parish of Orleans. judgment
OF the lower court affireled.
L. +. PerrOux VS.. Pierre LacOste-Wyly.
Appeal from the Seventh District Court,
parish Of Orleans. Motion to dismiss ap-
peal OverrHled.
W. L. Wynn Vs. A. d. Kelly & Co. ct
al.-Wyly, J.-Judgment of lower court af-
firmed, after striking out that portion
thereof giving tie defendants the privilege
of paying the same in the notes of the Bank
of Louisiana. Appellees paying costs Of
appeal.
Merchants Mutual Insurance Company
vs. John Pointer-Wyly, appeal from
the Sixth District Court, parish OF Orleans.
Judgment Of lower court affirmed.
State Of Louisiana ex. rel. Simeon Belden,
Attorney General, and John X. Clay We. 0.
c. Notwithstanding. C. Appeal from
the Eighth District Court. parish Of Or
leans.-Appeal dismissed at the cost of
appellant
y. Battalora VS.. Albert Erath ct al
Ludeling, c. appeal from the Seventh
District Court, parish of Orleans.-MOtiOn
to dismiss Overruled.
Mrs. Helena Breuning VS.. Succession of
Jacob Weigel ct als.-Wyly, appeal
from Che Parish Court of the parish of
Jefferson. of lower court set
aside and Overruled, and suit dismissed at
the cost of plaintiff in both courts.
Aristide Barre, agent, VS.. the city Of New
DEMONSTRATING, G. J.-Decree, hereto
fore rendered on the eighth day of March,
1869, affirmed.
Armand Lartigue ys. Clara White, wife of
Carl Kohn, ct als.-Howell. appeal from
the Fourth District Court, parish of Or
leans.-Motion to dimiss appeal overruled.
Thomas J; Emerson VS., George F. Por-
District Court, parish Of Orleans.-Motion
to dismiss appeal overruled.
Miss LeOnie Lepretre VS.. Alexander Bar
thel.-Howell, Appeal from the Seventh
District Court, parish Of Orleans.-Motion
to dismiss appeal Overruled.
A. Lartigue vs.. Eliza White, wife of c.
Bullitt. ct als.-Ludeling, c. appeal
from the Fourth District Court, parish of
Olleans.-Motion to dismiss appeal over
ruled.
Spaulding, Bidwell & Marlborough VS..
Rhoda Rosewood. Howe, J:-Appeal from the
Fourth District Court, parish Of Orleans
MOfinp RI dismiss aOnea1 Ovarru1ol
State of Louisiana. ex rel. Mrs. j. c. De
st. ROmes, VS.. Levee Steam Cotton Press
Company. --Ludeling, c. Appeal from the
Eighth District Court, parish Of Orleans
Appeal dismissed.
Daniel cleveland vs.. G.. S. Comstock.-
Howe, appeal from the District Court.
parish of East Feliciana. Judgment of
the lower court affirmed with costs.
The Southern Dry Dock Company VS..
Daniel Gibson. Morton Rodney and John c.
Dowty-Howell, appeal from the
Fourth District Court, parish of Orleans.
Judgment of the lower court affirmed with
costs.
Louisiana Mutual Insurance Company VS..
G. Bait and S. Cambon; same VS.. Jean Du-
barry and w. Maylie.-HOwe. appeal
from the Fourth District Court, parish of
Orlcans-Ordercd that the Judgment ap-
pealed from in the first case be amended in
favor Of plaintiffs by striking therefrom the
clause which provides that the same shall
be payable in city money. and that the
costs shall be borne by plaintiffs; that as
thus amended the Judgment is affirmed, and
that the defendants Bait and Cambon pay,
IN solidO, the costs in both courts A STINT
lar decree was rendered in the second case.
John Step VS.. Joseph Kaiser.-Talia-
ferro, J.-Appeal from the Second Judicial
District Court, parislarof Jefferson.-Judg-
ment of the lower court affirmed with costs.
G. w. Denton vs. A. B. Reading.-Talia
ferro. appeal from the Sixth District
Court of New acknowledgement of the
lower court annulled, avoided and reversed,
with costs of appeal.
George Wood. curator, VS.. PhGnix Mutual
Life Insurance Company of Hartford, Con
necticut.-Howe, Appeal from the Fifth
District Court, parish of Orleans.-This is
suit by attachment on a policy of insurance,
to which the exception of res judicatd was
pleaded, aud, having been sustained, the
plaintiff appealed. Judgment maintaining
the exception is set aside, and the case re-
manded, to be proceeded with in accord
ance with the views in the written opinion
of Justice Howe.
Nathaniel Chestnut, natural tutor of X.
Chestnut, VS.. John Understanding, C. j.
Appeal from the Sixth District Court of the
parish of .Orleans-This is a case of dam
ages sued for by plaintiff against the de-
PENDANT for the sum of $1,000 due himself
and $25, 900 due his minor son, by reason of
injuries received by his minor son from a
heavy fence belonging to defendant falling
ON said minor son. The verdict of the jury,
which was for the plaintiff, is declared
erroneous, and is, therefore, set aside, and
that there be Judgment rejecting plaintiffs
demand, with costs Of both courts.
George w. Miller VS.. Charles Morgan and
). +. Harris. agent.-Ludeling, G. Jap
peal from the Sixth District Court, parish
OF Or!eans.-Judgment of the lower court
annulled, and Judgment in favor of the de-