New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-23
THE COURTS.
Supreme Court Decisions.

the several opinions:
d. Redmond VS.. Benjamin L. Mann ant
Mrs. Lucy L. Mann-Appeal from the Dis
trict Court, parish of Tangipahoa. Appea
dismissed with costs. Howell, j.
Mrs. George Wales VS.. Citizens Bank oi
Louisiana-Appeal from the Fourth District
Court, parish of Orleans. Judgment affirmed
with costs. Wyly, j.
Succession of Arthur w. Harlor-Appeal
from the Second District Court, parish OF
Orleans. Judgment affirmed with costs
WHY, j.
Benjamin Jacobs VS.. Widow NJ. B. War.
Geld-Appeal from the Fifth District Court
for the parish of Orleans. Judgment re-
duced to thirty-tive dollars, and thus
amended affirmed, and plaintiff pay costs OF
appeal. WHY, j.
j. NJ. Wells VS.. G. Merz and Sheriff
Appeal from the District Court, parish of
Jefferson. Judgment affirmed. Howell, j.
Succession of j. j. Slade; opposition of
Elizabeth Sladc to the account of the
curator, etc-Appeal from the Parish Court,
parish of Jefferson. Judgment annulled,
and suit dismissed at the cost of the petit
toner in both courts WHY, j.
A. f. Dunbar VS. John Steib and Joseph
Kreiger-Appeal from the Eighth District
Court for the parish of Orleans. Motion to
dismiss refused. WHY, j.
Daniel Clark Osborn, teStamentary exc
cutor ct ais, VS.. John C. Osborn, ct ais
Appeal from the Fifth District Court, parish
of Orleans. Ordered that the Judgment ap-
pealed from be avoided and annulled: that
the injunction be dissolved, so far as to per-
init the defendants to proceed with the or
der of seizure and sale, to enforce the pay
ment Of $4,000, the valid part of the mort
gage note, with eight per cent per annum
interest thereon from the first of April 1868,
and costs; the injunction to be maintained
i'll other respects. Further ordered that the
defendant, John c. Osborn. pay costs of in
junction, and that the plaintiffs pay costs of
appeal WHY, j.
r. Borman VS. Thiele, MOTT 81 Co-Appeal
from the Sixth District Court, parish of Or
leans. Judgment affirmed. Howell, j.
w liam j. Mclean VS.. A. Foster Elliot,
ct als-Appeal from the Fifth District Court
for the parish of Orleans. Judgment an
nulled and cause remanded for new trial,
the appellee paying costs of the appeal.
WHY, j.
Emile Dupre VS.. Boyd, Allen Il Co.
Appeal from the Fifth District Court for
the parish Of Orleans Ordered that iudg-
ment be reduced to the sum of Sl3S 3il2
against each of them. with five per cent in
terest thereon from October %, 1863 and
thus amended, judgment be affirmed, plain
tiff paying costs of appeal. WHY. j.
JOStpH bHTlSltu VS.. DdNlu 1DOIner-SCc-
cession of d. ThOrner. Appeal from the
Second District Court for the parish of Or
leans. Ordered that the judgment on the
opposition of J. Christen to the tableau OF
filed by the administrator be
so amended as to order said administrator
TO place on said tableau the sum of 1915,
cash received by him from the United States
Internal Revenue Department for meter,
and to reduce the amount of rent allowed
said Christen from 1920 to 1857 80: that the
Judgment sustaining the opposition of A.
q. Peterson be reversed and the opposition
be dismissed with costs. The judgments
thus amended be affirmed. Costs of appeal
10 be paid by the appellees, j. Christen and
A. G. Peterson, Howell, j.
Glasscock & Moore VS.. William Wells
Appeal from the Sixth Judicial District
Court, parish of Livingston. Judgment ap-
pealed from avoided and reversed, verdict
set aside and judgment rendered in favor of
defendant, with costs. Howe, j.
G. Casenave VS.. Placide j. Spear ct ais
Appeal from the Fourth District Court,
parish of Orleans. Judgment affirmed. |
Howe, j.
Howard, PrestOns & Barrett VS.. George
NJ. Branner-Appeal from the Fourth Dis |
5rict Court, parish of Orleans. Ordered |
hat judgment appealed from be amended by |
'educing the rate of interest to five per cent |
'er annum, and judgment thus amended be
affirmed, plaintiffs paying costs of appeal. |
lowe, j.
Police Jury of Jefferson parish, right |
,lnk VS.. Mrs. Louise Destrehan Harvey |
md husband-Appealf from the Second Ju-
licial District Court, parish of Jefferson.
Judgment affirmed. Howe. j.
Robert C.. Wicklife vs. Robertson Zeat-
from the Fourth District
court, parish of Orleans. Judgment af-
irmed. Howe, j.
The State OF Louisiana eX rel. Solomon &
simpson VS.. James Graham, State Auditor.
Il this case the REALTORS prayed for a writ of
landamus upon the Auditor, to compel
i'm to issue his warrant for $50 900, under
ct of the Legislature appropriating that
lIm for the relief of James d. Nixon. late
ublic printer.
The Eighth District Court refused the APP
LEGATION. The judgment of the district
curt Is affirmed. Ludeling, G. j.
Succession OF Alexander Lady, deceased
opposition of administrator. Appeal from
he Parish Court of Pointe Coupee Tableau
+ the administrator amended by placing
hereon the heirs of Laby, viz Alexander,
lexandrine and Joseph S. LADY as credit
RS, with mortgage for SALSA o.. Next.
nat Mathilde Lamens be recognized as a
reditor with mortgage for $9I5l %. Third,
lat A. Miltenberger q Co. take rank with
Decial mortgage for 1910. Thus amended,
10 tableau to be homOlOgated and con
rmed. Taliaferro, j. Justice Howell dis
nting.
Walton & Deslonde VS.. New Orleans.
acksOn and Great Northern railrOad-Ap-
cal from the Fourth District Court, parish
Orleans. Judgment annulled and de-
'eed to be in favor of defendants WHY. J.
j. A. Abbott, collector, VS.. Button 81 !
oontz-Judgment affirmed rejecting plain {
ifs demand. Ludeling, c. j. !
Metropolitan Insurance Company VS.. Tut {
aker, ct al, owners of steamer Henry
mes-Appeal from the Fourth District +
Durt, parish OF Orleans. Judgment af. s
med. Taliaferro, j.
Pierre K. Mahen VS.. Reman & Fried t
from the Fourth District |
)urt, parish of Orleans. Judgment an |
3led and decreed in favor of defendants. l
j. I
Henry Frellson VS.. Daniel Fairex-Appeal t
,m the Seventh District Court, parish of C
leans. Judgment affirmed, with ten per t
Mt damages for frivolous appeal. Lude- I
u, c. u. Fl
John Seller VS.. Daniel Fairex-Appeal a
lm the Fifth District Court, parish of |;
.leans. Judgment affirmed. Taliaterro. j. fl
Mrs. G. A. p Graham VS.. Charles S. Rice. e
Dpeal from the Sixth District Court par Y
/ of Orleans. Judgment affirmed. Talia-
frO, j. *
Nicholas HObson VS.. Mrs. Emily Wool S
TX, Clark 4 Hubbell garnishees-Appeal :
,m the Fifth Judicial District Court par S
| Of lbervillc Judgment affirmed Italia Il
no j. q
succession Of j. j. Bergold-Appeal from d
parish Court OF Tangipahoa. Appeal b
,missed. Howell, j. Il
State of Louisiana ex rel James +. Ard Il
Henry II. Bankston-Appeal from the Il
ith Judicial District Court of the parish o
TangipahOa. Judgment affirmed. Talia- Ia
no j. Il