New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-03
THE COURTS.
ne St. James Chapel Controversy-A
Appeal to the Supreme Court.

ne st. James Chapel Controversy-An
Appeal to the Supreme Court.
Jndpe Cotton, representing the Noraga
~;nc Of the colored congregation Of St.
James chapel african Methodist), Second
Dstrict. has applied for and obtained a sus-
nensiye appeal from the order OF the Eighth
harriet Court, issued day or two since. in
vhich the adherents of the NOraga trustees,
as we'll "a the said trustees themselves, were
en;oined from interfering with the opposing
a bond of $4,000 is required in this appeal,
unless this order granting the appeal is set
aside. This longtime quarrel bids fair to
be soon adjusted by the court OF final arbi-
trament, but from the lights before us in
this case, we are inclined to suspect that
motion will be made to set aside the motion
for q suspensive appeal.
If the order of appeal holds, the NoraSa
F. wing Of the congregation will retain the
church and the church property until the
Supreme Court shall have passed upon the
issues raised.
Decisions by Judge Dibblc.
Judge Dibble has granted an order OF di-
vorce in the suit Of 5. H. Houston VS.. his
wife.
In the suit of X. s. Harvey VS.. Thomas
L. Maxwell ct al the Injunction to prevent
the sale of certain personal property under
= writ Of fieri facias, has been made per
petual, but the claim for damages us
missed.
II. Macarthur, wharfnger of the First AMI
Fourth Districts. ct ais. the injunction re-
etraining the defendants from interfering
With cargo of lumber belonging to the
nIaintiffs. landed at the foot OF Bienvillc
street, in October last has been made per-
netuai. The demand in reconvention was
dismissed, and the city ordered to pay all
Second District Court.
Interesting decision touching the record
ing Of privileges and mOrtgages.-!n the
euit of Hugh Mccall Vs. the succession OF
Philip Liner. Judge Duvigneaud has
= anti d a new trial. In this case the court
mad ordered the plaintiff S petition to be
dismissed, as in case of nOn-suit.
Succession Of Pascal Sempc.-in tins case
Ms. COmchOux was an opponent to tho ac.
Sount fled by the administrator, and moved
flor new trial Of the judgment dismissmg
her claim for wages, etc. "The ground set
mn is that her claim has a priority over the
claim of the mortgage creditor, the said
mortgage knowing well at the time he
took the mortgage OF movers claim as a
servant"
examination of the case, to change or
modify its Judgment, Gays:
ut is always a painful task for me to
deprive q poor woman OF the fruit OF her
labor for want Of a formality, but although
ahe has nv sympathy, am in duty bound
t. obey the law as l understand it. The
constitution OF 1868 has abolished all tacit
mortgages and privileges; and the !4cgisla-
ture. in obedience to that article, has
enacted that all privileges must he recorded
In the mortgage Office in order to have their
legal effect, except some few privileges, as
household, funeral expenses, costs OF court,
fees Of counsel for the settlement OF the
succession, etc.
.'The law gives, however, to privileged
creditors in succession the right to record
their privileges within three months after
death, otherwise they will be deprived
of the same. Rays c. G. 5214, H. ).
Nshe opponent has failed to avail herself
i br0visions of the law within the three
m> ;,ls after the death Of Sempe.. How
can she complain now Of her own laches:
The knowledge of the mortgage creditor OF
her privilege for her wages as servant can
not help her. The Supreme Court has held
in 2EA., p. 426 "that where three mort
cages have been executed upon the same
property at different dates, and the last OF
chem is recorded first, and the property has
been sold to pay them, the proceeds must
be applied by preference to the payment OF
the mortgage first recorded. The fact that
the last mortgage, had notice ofthe existence
Of the other two mortgages OF prior date
8 will not avail"
1t is to be observed here that the case at
baf presents a stronger case against the OPP
ponent, for, in recording her privilege
within three months after the death OF
Sempe. she would have been paid IN
preference to the mortgage creditor. al.
though the registry Of her privilege had
Keen of a pOsteriOr date than the registry
Of the mortgage creditor. The plea OF
ignorance of the law can not be pleaded by
any one.
Seventh District Court-Damng es for In.
juring n Mule.
A short time since we reported case in
which Richard Behan had sued Patrick
Murphy for two hundred and siXty-eight
dollars for alleged damages inflicted upon
Q mule belonging to plaintiff, which was
run into by the float of defendant. The
claim was for injuries sustained by the
mule, loss of time at the rate OF so much
pcr day, and the veterinary surgeon
charges. Judge Collens gave a verdict fol
the plaintiff in the sum OF two hundred and
twenty-five dollars.
Miscellaneous.
In the Injunction suit of A. Druett ct ais
vs. Charles Morgan and George Pandely
in the Eighth District Court, the plaintiffs
object to dirt being drawn from their plan
tation to be used at distant points, and no
where it is used for that portion OF the roa'
running through their plantation OF adjacen
thereto.
The suits Of the butchers VS.. the Slaughter
house Company for meats destroyed III JUNE
last, have been postponed for two weeks il
the Seventh District Court. and q phas'
OF the same suits in the Eighth Distric
Court has been continued until Wednesda,
next.
The case in the Eighth District Court /
upon a 1ule to compel the transfer Of Il
said suits from the Seventh to the Eighti
District Court, on the ground OF wan: o
jurisdiction in the former.
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