New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-25
THE COURTS.
Eighth District Court-Suit Against the
City-lnserest Claimed On City Notes
and Certificates Of Indebtedness.

| and Certificates Of Indebtedness.
! Samuel Smith & Co., bankers in this city
| have brought suit against the city for thu
sum OF S!3.6 10, for interest alleged to be
due upon $3266l9 50 Of city notes held by
relators on the second of July, 1870. They
| allege that after failing. after repeated de
mands, to pay the said notes, the city was
| placed i'll default, and became liable tol
| legal interest from the first Of January,
1869, to the second of July. 1870. That
when. in accordance with an act of the
Legislature, they proceeded to fund said
notes, the administrator refused to allow
interest, and only gave certificates tor the
face value OF the notes, REALTORS reservin.
their right to claim interest before the
courts.
They also bring suit for interest upon
Controllers warrants. amounting to
S52,bl4 93, for which certificates were OBJ
tanned only Tor the amount expressed upon
their face.
Seventh District COurt-Attempt to Car
nishee n salary for Debt-Interesting
Decision by Judge Collens.
In the case of Mitchell ct al VS.. Fowler ct
al Judge Collens yesterday delivered the
following exceedingly interesting opinion:
The plaintiffs sought TO recover from the
defendants on proIniss0ry note, and in
attempting to secure the same they gar
who was an employe OF the Louisiana State
Lottery Company.
The following is the opinion of the court
as t" the right to sarnishee'
Article 1887 OF the Civil Code, which
took effect in May. 1926 declares: There
are rights which are merely personal that
can not be made liable to the payment of
debts; these are the rights of personal ser
vitude, Use and habitation OF the estate of
a .I,i1 IN th., of lot al
erty; to money due Tor the salary of an
office. or wages or recompense for personal
services.
Article G47 of the Code of Practice,
which tool, effect in September, 1875. de
clar">: ''If the debtor has neither moyab
nor immovable property. nor slaves, the
Sheriff may seize the rights and credits
money which may be due him in whatsn-
ever right. unless it be for ali,nony or sala-
rieS of Office
The supreme Court shortly aftcrward de-
clucd that these articles We're inconsistent
and the court did not attempt TO reconcile
them. because the Code of Practice was the
latest law and had the effect of repeain.
such parts of the Civil Code as were con
trary. Thercupon the Legislature. in 1912
re-enacted the greatest portion of article
one thousand nine hundred and eighty
seven. omtting. however, the words wages
and rrcompense for personal services
Subsequently the Legislature passed sew
eral other exemption laws i'll favor of
debtors. Among these the homestead act is
noticeable.
Lately the codes and statutes of the State
have been revised and re-.nacted as ii
single body OF law. and they were approved
and promul gated on the same iay Bv
special provision the Revised Statutes were
made to yield to the revised codes.
and the code. are treated as having equal
force.
These contain the above quoted two arti-
clcs to'iicnt rerbis.
Instead, therefore, OF the process of giving
the Code of Practice the effect of /; slbs.-
quent law, and maxim" it supersede the
Civil Code on all points where there is con
rtlct between the texts, it now becomes the
duty OF the Judges II construc them
together, and. if possible, TO give effect to
both III all their parts and words.
In the present case. this is an easy task.
1t suflice> to regard the exemptions in the
Civil Code as additional exceptions to the
general rule contained III the Code of
Practice. just as the exception of tools. of
clothes, arms. bed and homestead. found
i'll other articles and laws are additional
exceptions.
Thus effect will be given ro the whole law
in all its particulars. while any other pro
cess of Interpretation would create CON
fusion, and, indeed, have even the effect of
the homestead exemption since
it is contained in the Revised Statutes and
not i'll the codes. Hence the seizure of de
PENDANTS wages must be set aside. Rule
absolute.
Suit IN tnnuI the Sale Of tho VI, unxinn