New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-01
Slelt, Orleans Republican.
OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL Of NEW ORLEANS
SUPREME COURT DECISIONS.

there during the July term:
BY CHIEF JUSTICE LUDELNG.
&c. Kirk VS.. w. NJ. Folsom, ct al, from
parish of CaddO; judgment of the lower
court avoided and reversed, and that there
be judgment in favor of defendants.
City of Shreveport VS.. j. HI. Reynolds.
curator, from parish of Caddo; ordered that
this cause be remanded to the court a quo,
that it may be ascertained if the judgments
described in the petition have been revived
according to law.
Succession of E. H. Dickson VS.. success
sion of d. +. Dickson, from parish Of Bos-
sier; ordered that the judgment OF the
. lower court be affirmed.
Silbernagel 81 Co. VS.. L. d. Baker, al
ministrator, from parish of Morehouse; Jug
ment of the district court avoided ana re-
versed. and that there be judgment IN 1aVor
of the defendant setting aside the seques-
tration and rejecting plaintiffs demand
Matte NJ. Henderson VS.. Walmesly O. Co.,
from the parish of De Soto; Judgment OF
the lower court be avoided and reversed;
plaintiff have Judgment against WalmesIy
* Co. and w D. GoOch, in sohdo, for Sl0OO,
with five per cent interest from the seven
teenth of Nay, 1900.
BY JUSTICE TALIAFERRO.
BIN. Howell g. Co. VS.. George w. Oliver,
from the parish of Ouachta; Judgment of
III.
further ordered that this case be remanded
TO the lower court, with instructions to grant
the order prayed for by defendant; that the
plaintiffs answer to the interrogatorles pro-
pounded to them. and that the case be pro-
ceeded with according to law.
Citizens Bank of Louisiana VS.. Isabella
A. Fluker, administrative; l.. Nj. b. Rlnd
and husband, third opponents; from parish
of Ouachita judgment of the district court
affirmed.
State of Louisiana VS.. Thomas Wilson,
from parish of De Soto; Wilson was tried
for murder and sentenced to the Penlten-
tiary for life; Judgment affirmed.
State of Louisiana VS.. James Gibson,
from parish of Ouachita; suit for the col
lection of bond to appear at court the
crime not having been accurately defined
in the bond. the surety, Anderson, was re-
leased by the district court and the judg-
ment affirmed.
oh. Williams vs.. Douglass, Sheriff, ct
ais, from parish of Morehouse Judgment OF
the district court amended so that in addl-
ton to the sum of two hundred dollars,
awarded to the defendants in injunction,
Warren g. Crawford, as special damages,
they recover from the plaintiff in injunction
and his sureties as general damages the
further sum of twenty per cent OF the
amount adiudged against the said d. HI.
Williams by the original order of seizure
and sale; further ordered, that the judg-
ment of the court, thus amended. be at
firmed with costs.
Stoner & Patterson VS.. John Dickinson
ct al, from parish of Caddo; judgment OF
district court affirmed.
w. w. Harper VS.. John j. Hope. Sheriff,
ct al, from parish of Caddo; Judgment OF
district court affirmed.
BY JUSTICE HOWELL.
State of Louisiana ex rel. X. p. Hunter
VS. John Clement ct al, from parish of
Rapides. In this case, the question OF the
Police Jury for the parish of Rapides, ap-
pointed by the Governor, to hold their
offices. under act No. 81 of 1871, was in
contest. The constitutionality of the act in
question was affirmed, the judgment OF the
lower court was revered, and judgment
rendered in favor of defendants 1.-THE ap-
pointees). Chief Justice Ludeling dissent
ing, on the question of jurisdiction.
Low & Whitney VS.. Thompson Scott,
from parish of Claiborne; Judgment af-
firmed.
John NJ. Thomas & Co. VS.. Thompson
Scott, from parish OF Claiborne; judgment
affirmed
William B. Boykin VS.. Allen G. Hill, tutor,
from parish of Claiborne. The undertutor
of the minor. Jessie E. Jones, instituted
this suit for the purpose of removing the
failure to have an inventory of the minors
property made, to have his bond as tutor
recorded and to file an annual account as
tutor. Judgment of lower court, removing
defendant from his appointment as tutor,
confirmed.
Il. A. Phelps, Sheriff, VS.. J. C. T. Taylor,
M. A. Cleveland, tutor, from parish of
Morehouse; Judgment be reversed as TO K.
b. Todd and confirmed in other respects.
Cavoripa Girod VIC Martbo Niupc from
parish of Richland; ordered that the verdict
of the jury and the judgment appealed from
be reversed, and that there be judgment in
favor of plaintiff, as testamentary executor
of Thomas Williams, deceased, resembling
the sale of land, upon the return of the
price to said defendant, and thereupon said
land to be the property OF the succession of
said Williams.
Amanda j. Spires, wife, VS.. David s. Nc
Keldy, husband, from the parish of Rich
land; judgment appealed from be reversed,
and the cause be remanded to be proceeded
with according to law.
George W. C. Irrelevant, administrator,
VS.. Junius Courtney, from parish of Rich
land; ordered that the judgment be reversed,
and that there be judgment in favor of
defendant, quieting him in the possession
and title of the land.
GOttlieb King VS.. Amanda j. Watts, from
parish of Ouachita; judgment affirmed.
BY JUSTICE wYLY.
Byrne, Vance & Co. VS.. Isaiah Garrett.
executor from parish of Ouachita; Judgment
affirmed.
c. II. Morrison VS.. A. F. Flournoy & Co.,
from parish of Ouachita; Judgment in
creased to S485, and as thus amended be
affirmed.
McCutchen & Co. VS.. B. F. O'Neal,
Sheriff, from parish of Bossier; appeal dis
missed.
John n. Catlett VS. Heffner & Likens,
from parish of Caddo; Judgment be annulled,
and that the suit be dismissed.
Surghnor q Mullen VS.. NJ. E. Nunnallee,
from parish of Ouachita; judgment affirmed.
Chief Justice Ludeling Reused.
S. A. Markham VS.. j. j. O'Connor, Sheriff
ct al, from parish Of Caddo; judgment
affirmed.
Henry G. Hall VS.. NJ Mackles and hus-
band ct al, from parish OF Caddo; judg-
ment affirmed.
Julia Christian, administrators ct al. VS..
Alvinia G. Lassiter and husband, from the
parish of Morehouse Judgment in favor of
Julia Christian and Mary A E. Wroten
affirmed; and as to plaintiff, Morrison, be
annulled. Further ordered that c. II.
Morrison have Judgment against A. c..
-Lassiter, for eight hundred dollars with
interest.
Tutorship of Isabella P Hewitt; ac-
count of tutor and opposition thereto by j.
p Hewitt, from the parish of Morehouse !;
ordered that the item for board, lodging
and clothing Of the minor be reduced to
one thousand dollars that all the other
items, except the credit Of four hundred
and twenty dollars, be allowed, and as
thus amended, the account be approved
and homologated, and the items thereof be
the Judgment of the court, reserving. how
ever the rights of both parties in relation