The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-07-27
tABSTRACT OF SUPREME COURT DE-
s. h CISIONS. j
8 81 r. 4 Y
g Msnroe, Iuly Term, 1879. p
CHIEF JUSTICE LUDELING.

itoSSfS ~ w oottaH VS.. JdSucf "fbt9. |
Defendant wrote his name on the
back Of two proinissory notes giXen by !
J. B.Wilder & Co., at the time Of MAX |
ing, March, 1860. Rogers and Gibbs |
did likewise at the same time. Citation |
was served on II. Gibbs of this firm,
February, 1867. Was Jasper Gibbs a
| debtor II. solitlo. And was prescription !
stopped as to him by service OH IL.
Gibbs? Court held attirmatively on
| both questions. Cause 'remandcd for
trial OH the merits, at appcllec's cost !
Justices Howell and Wyley rcserving
opinions. g, .
Graham IL Anderson vs.. j. Hendricks, |
Sr.; Kendall q Wright, intervenors.-(
Gin this case, the agency Of the attorney
to act in the case ceased at the death of
the defendant, and there being no rep
resentative of the succession authorized
to act, the fling Of the bond was unau-
thoriZed; and the appeal is inchoate
only" Ordered that the case be strick en-
from the docket of this Court as
Opposition to Curator's Account in
succession of +. S. Virgin, decd
| The second marriage of Mrs. Virgin
| was a nuliity, she having Il living hus-
| band at the time, which fact Mr.. Virgin
knew. The children by the second
marriage cannot inherit. Opposition
dismissed at appellants cost. .
! Mrs. Julia Dull VS.. w. II. Gordon
"When payment of an obligation has
been received in Confederate treasury
notes, the courts will not Interfere; to
the extent of the payment it is an exc
cuteu contract" 10 A. 473. Judgment
for plaintiff for $593.sG, with 8 per cent:
interest from December 81, 1869, until
paid, and costs Of lower court.
| c. Yale, Jr., 4 Co. VS.. INV. Howard.
t-Rehearing refused. ..s.
| JUSTICE rALIAFERRo.
| w. $. Edwards VS.. Bossicr Parish.-
A suit on warrants made negotiable
was not empowered by special act to
issue the warrants, and did not, at tho
time, provide for their payment as re-
CURED by law. "Thcse pretended OBJ
legations are therefore void and without
effect. No recovery can be had upon
them.' Act Of 1853, p. 2sl. Judgment
annulled; plaintiff paying costs.
Henry Burns VS.. Thos. Naughton.--
'sThe purpose of the law-maker, we
conclude, would be as substantially
complied with by the transmission in
the record of a duly authenticated copy
n IN
transmission Of the act ITSELF" Motion
to dismiss ovcrrulcd. Plaintiff is third
holder of II mortgage note, and sues
thereon, but holding under blank Gu
dorsement of payce only; held that this
evidence of transfer is not authentic
and docs not justify the proceeding rio
eTecWird. Order OF sale set aside case
dismissed ut Burns's cost. Exit Burns. |
Henry Burns VS.. Nal,ghton a. Moore.
Points similar to those in case Just
quoted, and decree the same.
NV. Fuller ct al. vs.. \. j. Harvard,
tutriX.-Judgment reversed. Sum to
be divided, $2,59s.07, between mother,
sister, and half brothers and sisters.
Succession to pay costs.
eliza w. Woolcy vs.. II. *. Russ,
Sheriff, ct al.-rhe Injunction ia this
case is perpetuated, and claim in recon,
ventioh rejected. Plaintiff has judy
ment, ut the defendants costs in both
courts.
r., =. Oliver VS.. -. w. johnson. -
Jolil;son'S attorney collected notes be-
longing to Oliver, in Confederate mon
cN, and johnson Was notified TO that
effect Nearly five years later, this suit
wns brought. Held, that ~ OLIVER
failed to uistvow the act of his agent ut
the time, he is ucbarrcd from recovery.
Judgment affirmed.
Blanchiu ~ Giruud vs.. =. WhitcU ct
tnl.-IcsSor and furuishcr of supplies
has concurrent privileges on the corn
cotton and fodder grown on the Ed
wards place; upon the other moHablrs
the lcsscrs privilege j. entitled t., rank
| first. Seven bales Of cotton removed,