New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-17
THE COURTS.

Important decisions have been render ed
by the Supreme Court of late, from which
the following are collated:
Judgment of the Second District Court,
Diminishing the application OF Moses Fox for
probate Of the cOdicil of the will of John
McDonogh was affirmed. The court ruled
as follows, ending this, the last of the suits
growing out of the McDOnogh succession:
The applicant for probate and execution
of the cOdicil was met by the defendants
with the exception of res jadicata which was
sustained by the court a quo. 1t was con-
tended on the part of the appellant that
by the decision in this case the court did
which was directly charged by the defend
ants, and that it merely rejected the plain
tiff g demand, on the ground that he had
not established the genuineness Of the
codicil, and that the decree should rather
be regarded as of the nature of a non-suit.
Judgment Of the Second District Court,
in the opposition of Jane Haggood to
the tableau filed by the administrators in
the succession of john n. Nelson, was
amended by striking out that part allowing
Mrs. Eliza j. Nelson the rank Of a mort
gage creditor, and, as amended, the judg-
ment is affirmed. MIR. Justice Wyly, who
delivered the opinion, held in this case that
the law requiring the registration Of tacit
mortgages within the time limited is but a
modification of the remedy, and does not
impair the obligation Of contracts. The
State has the right to require all existing
mortgages and privileges to be recorded,
and to fix the period in which the registry
shall be made; but in doing this the law in
no manner assails the inviOlability of con-
tracts protected by the constitution of the
United States.
Judgment of the Second District Court.
in the succession OF Jean Cerise, was at
firmed. A creditor of Cerise, holding a
mortgage, sold the land, which produced
the net amount of $l796, of which $1,000 was
claimed by the widow and minors of the de-
ceased for their use under what Is termed
the homestead law. In affirming the .iudg-
ment of the lower court, in favor OF the
widow and heirs, the court declared: 1t is
shown that the widow and minors are in ne
cessitOus circumstances. and that there are
no other means out of which the amount &C
corded to them can be paid.
Judge Theard, of the Fourth District
Court, yesterday heard case the facts OF
which are as follows:
A merchant received from the defendant
a check, which he depOsitad in his bank,
and Immediately drew against it. Upon
presentation of the check at the bank upon
which it was drawn, it was found to be
worthless mo money being on hand to meet
it), but in the meantime the party who first
deposited it had become bankrupt, and the
question now comes up, Is the defendant
who signed the check liable for the same to
| the bank!
| In the United States District Court. sit
| ting in bankruptcy, Louis Bernstein was
yesterday discharged from all liabilities
under the law.
A rule for mandamus on Judge Cooley,
of the Sixth District Court. is to be tried in
the United States Circuit Court, on Satur-
day next. The rule is applied for by Joseph
Rabell, against whom the Louisiana Lot.
terry Company brought suit to prevent the
sale by him of package of Havana Lot
terry tickets, consigned to his name from
Cuba. In the course of the suit seques
tratiOn was sued out, and the package OF
tickets seized in the hands of the purser OF
the steamer by the Sheriff, who now holds
them in custody. Subsequently Rabell set
up that he was subject of the King OF
Spain, and on this ground demanded the
removal of the cause to the United States
Circuit Court, which being refused by Judge
Cooley, is the occasion Of the mandamus.