New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-10
THE COURTS.
The supreme Court.

respect - the memory of the late Cyprian
Dufour. IN old and highly esteemed mea,-
Der of the bar..of Louisiana.
Mr. D,1four in the year 1871. occupied she
position of District Attorney for the parish
of Orleans. Mr.. Rosci,l@ at that time bem.
the Attorney General Of the State.
The several district cC.lrts also stood :atl-
.journeA at an early hour yesterday, liz re
spon-e to motions made by members of She
bar. accompanied by appropriate remarks
respecting the deceased.
Meeting of the Eench and BuF.
In accordance WITH an announce a,ent
made i'll the several district courtsF there
was u meeting of the bench and bar of our
city yesterday morning, in the rooIns of the
supreme Court. Tor the purpose of adopting
resolutions expressive of the deep regret
felt because OF the death of Cypraen Du-
four.
Tae meeting was called to order by Henry
u. Ogden, ESQ. and Mr.. RoSeliaS was
chosen to fill the chair: Mr.. +. Hnselicr
acting AS secretary.
Mr.. Roselius upon taking hi. seat, paid =
handsome and touching tribllt. to the
memory Of deceased. During the course of
his remarks, Mr.. Roselius said
I'm his death we have sustaine,G u severe
loss. knew hun for over thirty years.
during all of which time he he'd a promi-
nent position at the bar of our cl,y, and was
distinguished for his lberality- and strict
integrity It is just thirty years since
| was associated with him in the dis
charge Of tho ariuous drsieS of pub
lie prosecutor. and it is with pleasure
that say there never WAS public officer
who So faithfully. ably and inpartially dis
charged his duty to the State and people
at least l know he was never surpassed.
From that time up to the hour he was
stricken with that infirmity which SD often
atNicts members of our profession, reS,Nting
from the overtaking of the mental facul
ties. hc .,ever ceased to Occupy Il high and
honorable position at the bar l have otteia
listened with interest to bis tersc. close and
convincing logic, and if he had not the e!o
Uuence of the rhctOrician, he had what is ot
far more value at the h:.r-the eIoIuenc. of
the loyician."
When Mr. RoSrlius mad concluded. Upon
motion of Thomas Alien Clarke. Esu the
Chair appointed Messrs. w. II. Hunt. 7. A.
Clarke. F.. Bermu,icz. Albert VOORHEES, and
Mr.. Lavergne u coIHmittc" of five to draw
mp resolutions expressive of the feelings OF
the bar.
In due time thc committee. through
Thomas Allen Clarke. Esu.. reported the
following resolutions:
IRiso1red. That III. bcnc!, and bar of New
Orleans have heard with grief Of the death
v
Rrsol~d. Tha. their memory of the lie.
ceased recalls all that il powerful. graceful
and generous in the character of an ac
cnmpl.hed lawyer: that labor the mos: un-
firing was united in him with skill and judg-
ment: the most earnest advocacy was con
joined with ,lclcacv and refinement; that
his clients are not more indebted to him for
faithful labor and ability than the bar and
bench for all example of zeal. Judgment and
courtesy.
Rcsoird. That the bench and bar tender
to the relatives of the deceased their SYM
pathies in their great sorrow.
EeSoirc2. That the Attorney General b."
requested to present tn" foregoing rcsOlu-
,ions to the Honorable the supreme Court
and request that the same he spread upon
the minutes aS "A testimony OF respect for
the deceased.
Resolred. That copy o: the proceedings
of this meeting be communicated by the
chairlnan to the family OF the deceased.
Rsso'red. That the members of the bench
and bar hr invited to attend the funeral of
III" deceased. which is to take place this af-
ternoon.
Betor" the adoption of the resolutions,
". Fl. Hunt. Esq. in abiding to the death
of tn. deceased. paid mos; eloquent
tribute I" his memory.
The resolutions llavin: hccn adopted. the
seventh Di-tric, Court.
Judge Collcns yesterday delivered the
following interesting opinion in the matter
OF il sale of land in the suit of Hickey ct al
VS.. W. 5. Pike.
Ii appears that AZ 4 public sale Of prop
crtv belonging to Il succession, piece OF
property was described by its boundaries
as containing four hundred acres. The de-
f,pI .,ff f1,f.Y, has. IL hat
the land measures SO many arpcntS instead
of acres. and he set up the claim that he
was not obliged to stand by the purchase.
Judg: Collrns says:
The court considers: |. That the language
of article 2495. Civil Code of 1870. contains
an ambiguous clause. viz: And sold from
boundary" But the clause becomes intel
ligible and its sense plain when construed
with the other clauses Of the same article
and with article 2i9. and others in the
same section. The ambiguous charge must
be taken as meaning from boundary to
boundary" This is also made evident by
articles $40 and 2E1 of the previous Code
and the decisions of the Supreme Court
under that legislation.
> That il is immatrrial whether or not
the plaintiff discovered the error i'll the adj
vcrtiscment committed by using the word
acres" instead of "arpcnts' of measure.
following the designation of the object b.
its boundaries. since the sale was per
nrersiOnem. and the purchaser being pre-
suined by law to look to the designated
boundaries and not to the measure men
toned. 1t was therefore unnecessary for
the vendors if indeed they had noticed the
error of measure III the advertisement. to
announce it at the sale, since that could
make no difference to one who purchases
by mctcS and boundaries. Judgment IA
PRAYED for.
sixth District Court.
Mrs Catherine Nelson widow of the late
Captain Nelson. of this city, has instituted
suit in the Sixth District Court. claiming
damages of +. Criswell in the sum of $l0,-
0OO for defamation of character on the part
of defendant and his wife.
Petition alleges that the false charges
publicly made have caused her to suffer
great loss in the esteem of her friends and
the public. and have filed her with shame
and modification.
She therefore pravs that tho said Girls
well and his wife be cited to appear and be
condemned to pay her the amount of
damage claimed
Southwo orth vs.. the City.-Mc~srs. Horror
l. Benedict. attorneys for DR.. M. A. South
worth. Recorder of Mortgages, having asked
for a new trial in the suit recently decided
in favor of the defendant, in which the
pIaintiti claimed some $4,000 for recording
inventories of minor mortgages under an
act of the Legislature. on the grounds: |. Be
cause thu. verdict is contrary to law and cvi-
}oD... - Rpc3llSc If is contrary to law be-