New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-09
THE COURTS.
Supreme Court Decisions.

Buard, j. Il. Buaru ct ais, lnIePNenOfS-OD
rehearipg 1t is ordered that the Judgment
heretofore rendered by this court be
amended so as to recognize plaintiffs mort
gage on all the property described in the
act Of mortgage, instead of one-fifth thereof,
and that the intervention be dismissed al
the costs of the intervenors. AS thus
amended it is ordered that the said .iudg
ment remain undisturbed. WHY, j.
The Chief Justice adheres TO the first
opinion rendered by this court.
K. C. 0glesby VS.. William B. Helen-Ap.
peal from. the Sixth District Court for the
parish of Orleans. Motion to dismiss the
appeal refused. WHY, j.
Arena Shepherd VS.. John r. Wetherby Ell
al-Appeal from the Fifth District Court fol
the parish of Orleans. The principle in
volved is similar to that in the case of Shep.
herd Brooks VS.. Hugh Montgomery. Judg-
ment affirmed. WHY, j.
NJ. Z. Baird ct al vs. A. Lemee, attorney
for the absent heirs of Mahala Sprowl ct
al-Appeal from the Ninth District Court,
parish OF Natchiteches. Judgment APP
pealed fromsreversed, and Judgment rem
dered for defendants. WHY, j.
Stewart, Hyde & Co. VS.. Mrs. Suzette
? Buard, j. E. Buard ct ais, in0rvenors-On
rehaaring. The facts and questions i'll this
cause are the same as those involved in the
case of Stewart, Hyde a. Co. VS.. Madame
S. Buard, j. L. Buard ct al, intervenors.
The same judgment is therefore rendered.
WHY, j.
Fannie G. Oliver and husband VS.. L. Is.
Dayries, Sheriff, ct al-Appeal from the Sew
enth District Court, parish of Pointe Coupee.
Judgment, making the injunction perpetual
on behalf of plaintiff reversed, and injunc-
ton dissolved. WHY, j.
Robert ii. Bayley VS.. Thomas Mcknight
and r. X. Walker-Appeal from the Seventh
District Court for the parish of Orleans.
Judgment against defendants affirmed.
WHY, j.
James Meagher VS.. A. B. Reading-Ap-
peal from the Fourth District Court for the
rendered now in favor Of defendant
WHY, j.
Widow de ST. Romes, Victor de st. Romes
subr0gated VS.. Mrs. William Fanny Blanc
ct ais, Octave Morel and Oscar ISnard, in
tervenors-On rehearingS 1t is ordered that
the Judgment heretofore rendered by the
court be set aside; that the Judgment APP
pealed from be reversed, and the cause re-
manded for new trial. Howe. j.
j. j. Montfort VS.. Tony Lafon-Appeal
from the Third District Court for the parish
Of Orleans. Appeal dismissed. Howe, j.
+. Il. Stevenson & Co. VS.. Miss u. E. A.
Riser ct al-Appeal from the District court,
parish of Jefferson. Judgment affirmed.
Howe, j.
John M Hoyle vs. New Orleans City
Railroad Company-Appeal from the Sixth
District Court, parish of Orleans. This
cause was ordered to be remanded to the
court qua, with instructions to transfer
the same to the Eighth District Court,
parish of Orleans, plaintiff to pay costs.
Howe, j.
Carl Kohn VS.. I. G. Davidson-Appeal
from the Sixth judicial Court parish of
Livingston. On rehearing. Judgment of
the lower court reversed; defendants plea
of prescription overruled, and the cause re-
manded to the lower court to be proceeded
with according to law. Howe, j.
Francois Laborde, administrator, VS.. Mrs
: Andrews and A. Roumage former admins
trators-Appeal from the Second District
Court for the parish of Orleans. The plaintiff
has appealed fIom judgment Diminishing
their demand for want of jurisdiction,
ratione mate,iae. Judgment affirmed.
WHY, j.
Widow j. C. de Romes VS.. Drausin B.
Macarty-Appeal from the Second District
Court for the parish of Orleans. Judgment
reversed. Howe, j.
j. Kohn VS.. j. T. Mitchell, j. t. Michel
and A. j. Behan, intervenors-Appeal from
the district court, parish of Jefferson. APP
peal dismissed. Howell, j.
Albert Baldwin VS.. Theresa j. Sewell-
Appeal from the Sixth District Court for the
parish of Orleans. Judgment reversed and
plaintiffs demand rejected. Ludeling, c. j.
u. Decaux VS.. Henry Miller Judgment
reversed and plaintiffs demand rejected.
Howell, j. Justice WHY dissenting.
James Martin VS.. w. w. Washburn and
j. j. Haggerty-Appeal from the Seventh
District Court for the parish of Orleans.
Verdict of the jury set aside and plaintiffs
demand rejected. Ludeling, C. j.
State of Louisiana VS.. Benjamin Forrest
Appeal from the Fifth Judicial Court for
the parish of East Baton Rouge. Verdict
of the jury set aside Ludeling, C. j.
Frederick r. Southmayd VS.. r. I. To-
rian-Appeal from the Fourth District
Court for the parish of Orleans. Judgment
affirmed. Ludeling C. j.
Succession of Matthew Morgan and Will
liam r. Morgan, executor VS.. p. L. Morgan
ct al-Appeal from the Second District |
Court for the parish of Orleans. Ordered |
that the appeal as to the judgment depriv |
ing w. k. Morgan of the executorship be |
dismissed, and that the judgment in his |
favor authorizing him to rebuild and mort |
gage the property in question, be reversed, |
and that there be judgment in favor of de- |
PENDANTS rejecting his said demand. |
Howell, J.
Master and wardens VS.. Captain and
Owners of Ibark Francisco-Appeal from !
the court of the Second Justice of the |
Peace for the parish of Orleans. Appeal |
dismissed. Howell, j.
John A. Stevenson VS.. John g. Prather |
ct al-Appeal from the Fourth District |
Court of New Orleans. Judgment |
affirmed, Ludeling, c.
Eugene Tourne VS.. Jules A. Mathieu-
Appeal from the Sixth District, parish of
Orleans. Judgment against defendant
affirmed. WHY'D.
A. Bflot vs.. City of New Orleans-Ap-
peal from the Fifth District Court, parish
of Orleans. The same questions in this
case were presented in the cause of Will
liams VS.. City of New Orleans. Judgment
affirmed. Howell. j.
ohm Ridge vs.. Succession of Henry Nc
Quinn, on motion to dismiss appeal-Mo-
ton to disrRss overruled. Ludellng, G.. J.
Succession of James A. Brown, deceased
Appeal from the Parish Court of Iberville.
refused Howell, j.
K. Gardner, president, VS.. Widow st.
Romes-This case is similar to the case Of
Carondelet Canal Navigation Company VS..
Widow De st. Romes. Judgment affirmed.
Justice Howell reused Ludeling, G. j.
Carondelet Canal Navigation Company
VS.. Widow De st. Romes-Judgmept at
lirmed. Ludeling, G. j. Justice Howell
reused.
Benner & Rasslette vsJ. S. Michel and
P. allagher-Appeal from the Second
Judicial District, parish of Jefferson.
Judgment affirmed. j. G. Taliaferro, j.
Shepherd Brooks VS.. John r. Wetherley
ct al-Appeal from the Fifth District Court
for the parish of Orleans Judgment at
frmed. WHY, j.
Shepherd Brooks VS.. Hugh Montgomery
1T al-Appeal from the Fifth District Court
FOR the parish of Orleans. Judgment af-
frmed. WHY, j.
Azemia Shepherd VS.. Hugh Montgomery
al aaI +ba ~ |