New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-25
al&lr Orleans Republican.
aFFlCIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
ABSTRACT OF SUPREME COURT DE-
CISIONS.
Monroe July Term, 1871
TFrom the Ouachita Telegraph J
cuTEF .TUsTICE LUDELING.

NEcStea g. Value L. 7. Jones vs.. j. L.
Lewis and Berry and ThOmpsOn.-SuitO on
Uromissory note for $500 against defend.
ants jointly.
Motion to dismiss on the ground that the
district court had not jurisdiction ratiOne
,uateriG. Motion OveTruled. Consideration
COnfed crate treasury notes Damages not
prayed for, not awarded Judgment
affirmed.
Il. W. Warfeld ct al. VS.. L. P. Stubs ct
al.-De PENDANTS were sureties on bond to
release movable property seized under Sc
,auestra ton. No merit in the defense.
Sureties having failed to restore mOvables,
incurred the penalty of the bond. Judg-
Inent affirmed with costs, and ten per cent
damages for frivolous appeal.
n Smith VS.. parish Of ClaibOrne.-Sui on
bonds in aid of the rebellion. Judgment of
lower court affirmed with costs. court
quotes bonds and scrip with evident dis
gust.
II. b. Scott VS.. Samuel S. Scott.-Three
slaves of a succession we're sold December
IA. 1863, and balance due heirs was in Con-
federate money. Held that evidence to
show the money received was Confederate
notes was admissible; that plaintiff could
only hope to get what defendant received.
"If the sale were invalid, we are bound to
take judicial cOgnizaDce OF the fact that
slavery has been abolished, and the eXecu-
LOH can not DC nell res IlOuelBlb lOE ILC NdluO
of the slaves, which he received as eXcCu-
tor" Judgment affirmed with costs.
JUSTICE TALIAFERRo.
A. Levi VIZ. J. H. Mitchell, executor of
Lilies. -ExecutOr not required to deposit
funds of a succession in a chartered bank,
unless there be one in the parish where sue
cession is administered.
II. N. Meyers g. Co. vs.. M. NJ. Grady,
Tax C0llectOr.-Plaintiffs were mechanics,
but assessed license as pr0prietOrs Of
sash and blind factory. Held that they are
within the purview of the act of March 3,
1872, and not taxed as owners of sash and
blind factory. fThis decision seems to es-
tablsh the rule that prOprietorship or own
ership is taKahle.l
B g. Frazier w. N. J. Sandlin ct all
Original sale of south half of sixteenth
section, township nineteen of range six an
nulled. Plaintiff to pay costs.
II. A. J. Moore We. G. Chaffe.-Appeal
from Webster. The right of appeal can not
be destroyed by the Legislature. A man
named Byers bargained for MOOre's wagon
and team, pretending that he wanted to
buy Moore's place, and then sold both to
Chaffe. ByeFs could not sell, and Chaffe
whistles for the money he paid Byers.
M. G. Cleaveland VS.. Phelps, sheriff, and
d. Pipes ct al-Judgment Of district court
reversed; judgment in favor OF defendant,
plaintiff paying cost.
John Watt a. Co. VS.. w. H. HOugh, exec
utor.-Where drawer of a note draws the
note payable to his order, and does not in
dOrse the note, his administrator can not
interrupt prescription by acknowledging
the business of the claim against mis- estate.
Judgment affirmed.
JUSTICE HOWELL.
J. J.. Taylor VS.. William Bonner ct al
Exception that plaintiff has neither returned
nor offered TO return amount paid by defend
ant as price of property. Action to rescind
sheriff sale. Held that plaintiff must first
put defendant in default-by rendering sum
paid by plaintiff before bringing suit. r.
j. L. Tippitt VS.. NJ II. Lipmans.-Action
Of nullity must be brought in the court that
rendered judgment. Appellate can annul
Judgment only while the appeal is pending,
and when the nullity is apparent on the
record.
L. Titche VS.. w. NJ. Hampton.-Where
drawer of note valves prescription, with
out date to waiver proof dCvOlvcs ON him
to show when waiver was given. PrescrD-
ton of unconventional demand sustained.
reversed. Defendants pay costs.
Mrs. A. j. Spires VS.. d. j. McKelvy, j.
Chaffe g. Brother nteryCnOTs.-PrOceed-
ings of court of competent jurisdiction
admissible TO prove whatever can properly
be established by such proceedings. Judg
nent affirmed with costs.
B. f. Smith VS.. j. G. Huey, Sheriff, ct
al-An attorney can not make affidavit to
procure an injunction when his client is in
he parish. Sale not real. Judgment re-
7erscd; sale declared simulated and null
smith and surety condemned to pay $3.50
manages and costs.
JUSTICE WHY.
C. E. Alter vs. estate of X. Waltman.-
Question: Can the executors Of an insol-
vent estate defeat a pending action to
which they were parties before their dis
,harge was granted by the probate court,
jaid action pending in the district court.
Fhe court thinks not Rev. Z. 1872, 1913. |
Art 1876. Judgment affirmed.
J z. Phifer VS.. w. j. Bowman PicO q
Co., Observation-Disclosures can not en- |
'orce a privilege foI more than 500, the |
amount OF their recorded agreement as fur |
lishers Of supplies, although receiving cot |
on to the value of $lS3S. Acceptance of |
lraft and charge for implements must yield !
o pri vilCge Of lessons. Judgment affirmed. |
w. S. Springfield VS.. L. S. Berry and |
heriff Where a citation served on attor-
eys, not shown as having authority to re-
Give service in a'case OF injunction; held, |
hat Judgment rendered against defendant
null. Case remanded.
Mar cellin ellis VS.. r. j. YOung.-Plea of
description is regarded as an assignment
# error. Plea Of prescription not good
when citation is served before five years
yiteT date OF maturity. When no note of
violence is retained, the presumption is that
he ju dye Of the court below acts properly
n denying the plea Of prescription. Judg-
lent affirmed.
A. S. Pipes VS. A. n. Gardner.-An APP
zeal bond for a suspensive appeal is not
utii cient when the amount does not exceed
ne half the amount Of the Judgment; nor
or devolutive appeal when no amount
J fixed by the Judge Appeal dismissed at
ppellant's costs.
Succession Of Payne on opposition of
reditOr to be appointed CuratOr-OppOs-
lg creditors asked leave to have the Public
Ldminis traitor appointed, instead of the
reditOr Il. Il. Todd, as curator. Held that
s the Public Administrator was not party
0 the suit, the prayer was properly denied.
Judgment affirmed.
G. w. Trezevant, tutor, ct al. VS. Frank
liles.-Parol evidence received to estab-
sh facts, when not excepted to, must have
fleet. c. P. 4S7, 7Ss and 1889. Judgment
hirmed.
JUSTICE HOWE.
Hugh Youngue vs.. C. B. Routh ct al
"A wife has no power TO ALLEVIATE. but
.bundant capacity to acquire for the com
nunity." Where the husband and wife
Nocuted a mortgage on real estate the
property, by purchase, of the wife after
and by the death of the wife the
property descended to child of the mar
iage, and the child dying, an undivided
,ne-eighth of the property was inherited by
he father. Held that one-eiglIth was sub
ect to the mortgage given by the father.
State vs.. w, +. Moore ct al.-Where APP
zeal is taken from Judgment of $500 on
)ail bond, neither interests nor costs can be
ncluded to increase the amount of iudg-
nent appealed from. Appeal dismissed
q a Richardson I'D uin;etr t1,. ~, I u |