The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-07-22
ABSTRACT OF SUPREME COURT DE
CISIONS.
Monroe, July Term, 1872.
CHIEF JUSTICE LUDELING

McStea IL Value T.. Il. Jones, W.
j. l.. Lewis and Berry and Thompson
Suit on promissory note for $500,
against defendants jointly.
Motion to dismiss on the ground that
the District Court had not Jurisdiction
zutioqe neoteite. Motion overruled.
Consideration Confederate Treasury
notes. Damages not prayed for, not
awarded. Judgment affirmed.
f. w. Warfield ct al. VS.. +. +.
Stubbs ct al.-Dcfendants were sure
ties ON 4 bond to release movable prop
erty seized under sequestration. No
merit in the defense. Sureties hay
ing failed to restore movables, incurred
the penalty of the bond. Judgment
affirmed with costs, and 10 per cent
damages for frivolous appeal.
N. Smith VS.. Parish of Claibornc.-
Suit on bonds in aid Of the tsRebcllion."
Judgment of lower court affirmed with
costs. ICourt quotes bonds and scrip
with evident disgust.
II. B. Scott VS.. SamI S. Scott
Three slaves of succession We're sold
18th December, 1868, and balance due
that evidence to show the money re-
ceived was confederate notes was adj
missiblc; that plaintiff could only hope
to get what defendant received. elf
the sale were invalid, we are bound to
take judicial cognizancc of the fact
that slavery has been abolished, and
the executor cannot be held RESPONSE
bic for the value of the slaves, which
he received as executor" Judgment
affirmed, worth costs.
JUSTICE TALIAFEHRo.
a. Levi VS.. J. II. Mitchell, TX'r of
I4ilcs.-I.Nccutor not required to dcpos-
it funds of succession in a chartered
bank, unless there be one in the par
ish where succession is administered.
II. n. Meyer X Co. vs.. M. NJ.
Grady, Tax Collcctor.-Plaintifls were
mechanics, but assessed license as
17op2'ieio,.x of a sash and blind factory.
Hold that they are within the pur-
view of the Act Of March ;, 1872,
and not taken as owners of sash AMI
blind factory. This decision seems
to establish tho rule that proprietor
ship, Or ownership, is tasablc.l
&c. Frazier VS.. n. J. S;nttIin ct al.
Original sale of south half OF 10th
section Il. 80 Of r. q, ;tnnulled. Plain
titfpay costs:
A. Il. j. Moore Is. {. CaHe.-Ap-
peal from Webster.-Tl1e right of a1,-
peal cannot be destroyed by tho legis-
laturc. a man named ByCrs bargain
cd for Moorc'S wagon and team, pre-
tending that he wanted to buy Moorc's
place, and then sold both to Chatf.
Bycrs coutd not sell, and Chatfc whis-
tics for the money he paid Bycrs.
NJ. G. Cleavland vs.. Phelps, Sh f.,
and y. Pipes, ct al.-Judgment Of Dis
trict Court reversed, Judgment In favor
defendant, plaintiff paying cost. Jno.
Watt 4 Go. VS.. w. II. 1ough, IN'r.
Where drawer Of a note draws the note
payable to his order, and docs not Gu
dorsc the note, his administrator cannot
interrupt prescription by acknowledge
ing the Justices of the claim against
his estate. Judgment affirmed.
JUSTICE HOWELL.
j. l.. Taylor VS.. Wn1. Bonner ct. al.
Exception that plaintiff has neither
returned nor offered to return amount
paid by defendant us price of property.
Action to rcscinu ShcritrS sale. Held
that plalntir must first put defendant
i'll default by rendering sum paid by
plaintiH before bringing suit. II. c. {.
1912.
I. l.. Tipritt ~. NJ. II. Lipmans.-
Action Of nuIlity must be brought in
the court that rendered Judgment. APP
tcsiate can annul Judgment only while
tho appeal is pending and when the
nnllitS is apparent Oh the record.
l.. Titchc ~. W. NJ. liamptru.-
Whore drawer of q note valves pro-
Srription, without date to waiver, proof
irVoives on him to show when waiver
was given. Prescription Of reconven-
tional demand sustained. Judgment
reversed. Defendants pay costs,