New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-21
Snnrtior District Conrt.

The State of Louisiana, repre- 5enfed by
A p Field, Attorney General, hied sun
"a this court against J.. h. Lemarle, col
,ector Of State taxes for the Second Dlstrlct
of this city, praying Tor The recovery OF
81 00S o. amount OF taxes and licenses
collected by him for the year 1871
Defendant was ordered TO show cause on
Che seventeenth instant why the PRAYER OF
che above should not be granted.
On the seventeenth the case was called.
and il was ordered by he court TO be con
:inued until the twentieth instant.
Counsel for defendant now moves inc
court for "A subpoena d,tccS tccltm. ordering
Che State Treasurer TO produce IN court Oh
said day, and upon the trial of tins rule, d
certain package containing sl5,l23 in State
,y3rranta, which said package was lett at
saia DubCclets, January >, 1873.
Defendants counsel argued that the pro
ductiOn Of said package IL necessary, mas
much as lie intends to base his defense
thereon; that the said package contains the
full amount of his indebtedness to the State.
and that the law requires of him no other
settlement.
The case Of fernando ct 81 rs. Auditor
Clinton, including the payment OF the thirty
ger cent additional appropriation to mem
5ers of the Legislature, was yesterday morn
Ing argued by Judge Dibbie, OF counsa ior
plaintiff.
leans Printing aud Publishing Company
suit AGAINST the New Orleans IicGy,tnc for
breach of contract. Defendants move to
transfer the case to the Fifth District
Court. to be proceeded with therein accord
ing to law. The matter was taken under
advisement by Judge Hawkins. Plaintiffs
subsequently, withdrew tho record IN the
case.
Second DIstricE Csurt.
Tho anna ii m of liam puiinairn ha hapu
opened in this court.
Fifth District Ceurt.
The cases of Nathaniel MOntrosse Vs.
Samuel JamIson and the New Orleans Mu
tual Banking Association, the Citizens
Bank and the Hibsrnia Bank vs.. Samuel
Jamison. have been submitted and taken
under advisemept by the court.
1t is Il Droce eding to distribute the pro-
ceeds OF the sale made by the sheriff. The
property was adudicated to three banks
for So, 600.
A question was raised az TO priority of
rank Of mortgage, and also as to the impu-
ration of payments made by Jamison ON
the two notes Of $1,000 each, held by Mon
crosse.
The following important decision Was
given by Judge CullOm yesterday:
Mrs. LcOnide BlOndeau vs. Cassidy &
'Hller.-This suit is instituted to recover
1914 "for repairs of deterioration and d n
ages occasiOned by them tdefendants) to
che premises No l03 st. Charles street,
which they occupied as tenants during the
year beginning October ], A. d. 1871, and
ending October l. lc12." Petitioner al
,eges that she cent a workman to repair the
premises some days after the twentieth of
September last, but that said leRsees would
not permit him to go TO work. She was, in
consequence thereof. obliged to postpone
October !, and not being able to get them
tinished until late in the month, her new
lessee refused 20 pay her rent for the time
required TO make them: that she lost $llj
rent from this cause. Such, too, was the
proof. A bill for repairs to the premises is
annexed, amounting To SlH, which, to-
yether with $ll5 for rent money lost, make
40 the sum claimed, say S3li. for which she
urays Judgment in sO!idO, with five per cent
interest and costs. The answer is IA general
denial. The evidence shows that Messrs.
Cassidy d Miller leased the premises as
alleged; that they stipulated ito deliver
che premises, together with all the keys.
urtO the lessor. or her legal repre-
aentatives in the same good order.
condition and repair in which they shall
nave placed them" X was also stipulated
that the lessor should make no repairs
whatever during the continuance Of the
lease, but that should be made by the les
sees at their own COSTS and charges.
II was proved by both plaintiff and de-
Fendant that, at the time Cassidy 4 Miller
went into the premises, they were very
much out of repairs. Very many OF the
windows we're broken, the doors were en-
tirely insecure. the cas- n - being too much
decayed to hold the necessary Ringing with
their weight upon tLru. One of the brick
walls had been perforated and much mu-
rilated; the flooring vas decayed SO as to
-equre immediate repairs To some extent.
and the stairs were rickety and very un-
safe. The fence in the rear was old and the
posts rOttrd off at the surface of the earth.
while the front exterior walls were covered
with signs such as business houses some
cimes have to attract attention. The les
sees contracted to pay $500 per annum.
Messrs. Cassidy & Miller seem to have
been manufac tureTs OF and dealers in
calls. ship ropes, etc. The evidence
shows that they did repair the
doors and windows, removed the stairs, but
replaced them. so as to make them as safe
3s the same materials could he made under
che circumstances. They were old and the
wood had become somewhat decayed. This
circumstance, taken in connection with the
deCayed condition of the oOr upon which
they rested, rendered It impossible TO make
ohem as solid and safe as newer and sounder
materials could have been made. Some re-
yhlFs were uldu6 u Int moor also. IL IL
shown that Cassidy * Miller made only
such repairs as enabled them 10 carry on
che business for which they leased the pre-
Misses. \ lew days before the expiration OF
2Ae lease the lessor sent a workman "a ex-
anime them and to make necessary repairs
having leased them 10 another gentleman.
lassldy y Miller dec lined to permit him to
20 TO work, inaSmuch "a it would have in
Gerfered, "a they contend. with their bust
and IlVbl VIpT - = .6 l,o
yessity of tearing up the old floor. upon
which all OF their heaviest goods were
housed Cassidy Il Miller swear the work
lCeu came 10 20 TO work Oh September 30.
put one or two other witnesses declare that
lie went somewhere between the twentieth
and twenty fifth. All agree in the tact that
Il was before the expiration OF the lease.
The act of lease is the law Of the parties.
out fer which the lessor would have been
obliged TO maintain the premises in a con
u.iOD sUch dS to serve for the use for ~ hirh
{ was leased" Rev. G.. C., 2b92, and to have
delivered the premises in good condition
and Tree from any repairs. The obligations
OF the .essecs were 10 pay the rents as
agreed on, and 10 make such use of the
premises as was intended by the contract
-ng parties. The expenses Of the repairs |
made necessary by decay, which was not
caused by any fault of the lrSsees. but |
= hIch was brought about 10y tine operation
OF natural laws. over which the lessees had |
10 control, and which decay wa, but y |
natural incident Of the proper Use OF the !
premises. can in no case L-volve upou them |
unless they expressly stIpulat" to .letray |
.Lem. In this case the lessons were 10 |
make no repairs. and the l,ssees not being |
obligated TO do more than 70 deliver the |
premises in The sane good order. e udi- |
ion and repair in which they were placed |
uy the lessons, they were not bound 10 de
more than keep them N sHeh c"nGi- |
Ion rs would answer the purpos. :or |