New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-31
sltlp Orleans Republican.
OFFICIAL JOURNAL OF THE BNlTED STATES
OFFICIAL JOURNAL OF NEW ORLEAGS
ABsTRACT OF SUPREME COURT DE-
CISIONs.
Monroe, July Term, lS72'
Prom the ouaehita Telegraph
CHIEF JUSTICE LUDELING.

& Co. at the time OF making, l1dItI5 lcDO' |
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 in solidO And was prescription /
stopped as to him by service on II. Gibbs !
Court held affirmatively on both questions. |
Cause remanded for trial On the merits, at |
appellee's cost; Justices Howell and WHY |
reserving opinions.
Graham & Anderson VS.. J. Hendricks, |
Sr: Kendall g. Wright, intrrvenOrs.-ln |
this case the agency Of the attorney 10 act |
in the case ceased at the death Of the de- |
PENDANT, and there being no representative /
of the succession authorized to act, the |
fling of the bond was unauthorized, and |
the appeal is inchOate only Ordered that |
the case be stricken from the docket OF this |
court.
sion Of f. S. Virgin, deceased.-The second |
marriage of Mrs. Virgin was a nullity, she |
having q living husband at the time, which |
fact Mr. Virgin knew. The children by the |
second marriage can not inherit. OppOsl-
ton dismissed at appellants cost
Mrs. Julia Dull vs.. w. K. 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 executed contract" |
10 A. 473. Judgment for plaintiff Tor |
1893 sc, with five per cent interest from
December 81, 1869, until paid, and costs of
lower court. !
c. Yale, Jr., & Co. VS.. ]. w, Howard !
Rehearing refused.
JUSTICE TALIFERRO.
w. S. Edwards vs. BOssier Parish.-A suit !
on warrants made negotiable and issued to |
plaintiff. Police jury was not empowered |
BY special act to issue the warrants, and did |
not, at the time, provide for their payment !
as required by law. "ThGse pretended OBJ |
legations are therefore void and without
effect No recovery can be had upon
them" Act of 1853, p. 23i Judgment an
nulled; plaintiff paying cost
Henry Burns vs.. Thomas NaughtOn.-
"The purpose Of the lawmakeT, we con-
clude, would be as substantially complied
with by the transmission in the record of
duly authenticated copy of the petition of
appeal, as by the transmission of the act
itself" Motion to dismiss Overruled. Plain.
tiff is third holder of a mortgage note, and
sues thereon, but holding under blank in
dOrsement of payee only; held that this evil
dence of transfer is not authentic and does
not Justify the proceedings ria eTecHttCu.
Order of sale set aside; case dismissed at
Burns cost. Exit Burns.
Henry Burns vs. NaughtOn q Moore
Points similar to those in case just quoted,
and decree the same.
r. w. Fuller ct al. VS.. A. J. Harvard,
tutrix -Judgment reversed. Sum TO be
and half 6F6t6eFs ahd Sisters %"fSSc sisfeE
TO pay costs.
Eliza w. Wooley VS.. E. K Russ, sheriff.
ct al.-Ihe injunction in this case 10 -
petuated, and claim in rooUHYenu0n re-
jected. Plaintiff has Judgment, at the de-
fendants' costs in both courts.
f. s. Oliver vs. b. w. JOhnsOn.-JUhn-
sons attorney collected notes belonging to
Oliver in Confederate money, and Johnson
was notified to that effect. Nearly five
years later, this suit was brought Held, !
that as Oliver failed to disavOw the act of
his agent at the time, he is declared from
recovery Judgment affirmed
Blanchin & Giraud VS.. s. Whited ct al
Lessor and turnisher Of supplies has CON
current privileges on the corn, cotton and
fodder grown on the Edwards place; upon !
the other movables the lessons privilege is
entitled to rank first. Seven bales of cotton
removed, are released from sequestratioD;
in other respects judgment annulled. Lude- !
ling, G. j.. reused
JUSTICE HOWELL. =
State of Louisiana vs. Samuel Kuhn d
The retailing of spiritucuB liquors, without a
first procuring license, is a statutory Ottense,
and If the Indictment follows the words Of a
the statute, il is sufficient Whether par $
ish has or has not submitted the question Of I
license to the voters, can have no effect to Q
relieve the defendant from the obligation Of Il
procuring a license and the liability to h
prosecution for not obtaining it. The acts a
of 1871 and 1872 relating to revenue only, h
do not repeal section go, Revised Statutes, h
under which this prosecution was had. r,
Judgment affirmed. Judgements fine Of el
$305 and cOstF, or thirty days in jail. d
W. NJ. Griffin VS.. j. A. Haynes.-Where W
a clerk is shown by evidence to be careless d,
or Incompetent, a previous agreement be- nj
tween him and an employer to render al
years services will be cancelled. Judgment si
of $342 rs for plaintiff, with costs in lower til
court, he paying costs of appeal d,
Mrs. IL. Harrison VS. succession of John tv
act of Congress of June II, of
1864, relative to the limitation of actions, hi
has no retroactive effect, and this court in
can give il force only from its date, and ap- hi
ply lis benefits for the time during which te
no legal process could reach the debtor on
ltter that date. Judgment for plaintiff for IN
1916 Al, with legal interest from October Ike
9, 1862, and costs Of both courts. hu
Succession of j. d. & E. c. Bailey Sc
}ause remanded to try questions Of fact, by
Without prejudice to appeal. Of
r. b. Sadler VS.. q. w. kimbTOugh; Co
Walker g. Vaught, intervenOrs.-Claim OF tn
ntervenOrs against the community between ca
Ward and wife, and Mrs. Smith, both de- at
eased, is recognized to the extent Of lal
6l4O o. with legal interest from February ON
,, 1869, and to be paid by preference over tw
efendants. CT
JUSTICE wYLY. tw
NJ. L. Baker VS.. ElstDer Trustworthy & tn
}o-Plaintif loaned defendants money lal
md took their note payable to one Wynn, Nv
u order to elude his creditors. Wynn then | lal
ndOrsed sthe note to Baker, but retained it sa
a his CWynn's) hands. Wynn collected the on
money Baker sues to recover of the draw DIR
rs. Prayer denied; plaintiff must suffer lie
or his own act. tn
Succession of William Ayrick-OppOsi- gin
ion to Account-WheTe an appeal is taken dc
v motion not at the term when Judgment tn
Tas rendered, and where a copy of motion ca
nd order of appeal was not served, but nil
My the citation of appeal, held not good SCI
rounds for dismissing the appeal. Case ms
for informal citation. san
w l.. Gushing VS.. G.. w. Robinson ct al an
ppeal from the parish of Red River.-The
1urt decides in this case that Red River SCI
arish belongs, not to the Eighteenth, but lar
} the Eleventh District, and dismisses the
lse because the judge of the Eighteenth viz
district had no power to try.
Thomas GOOch ct al VS.. j. l. GuOch e6 ent
Where it is necessary TO preserve an DIRE
tate a provisional administrator, regu- nu
rly appointed and qualified, will not incur dol
ne peualtv of article 1918, Revised Code,
here he merely performs the duty CON nv
mplated ia the appointment. Judgment 81
iirmed, with costs IuI
SRrghnOr & Mullin vs.. }, a. BeaucLamp: | /
j. LaTkin, ntervenOr.-Demand UI oel
aintitts rejected with costs of both courts 1T
&. b. COnnel VS. Allen MedlOCk-ln at / OF
chments against absenteeG, service Of De eng
ton on attorney al hoe and posting cita- dol
on on courthouse door is not sufficient; a san
,py Of the writ must also be posted Cause the
manded for proper citation. the
L. Grand g. Co. VS.. c. Z. Cox ct al-In Coz