New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-07-29
ORLEANS, TUESDAY, JULY
Governor judgment tor defendants, with

Governor Judgment tor defendants, with
| costs.
E. D. Duckworth rs. J. B. Payne ct al
Cause Iemauded; exceptions OF defendant
| oveTrpled.
Plaiutif. a n mo.tgage creditor OF The sue
cession, acted properly in not claiming The
proceeds oi sale OF land alleged by him 70
have been frauduleltly made, although
| made under az order of the court.
j. III. kalisky VS.. NJ. N. Grady, TAX col.
lector-1- was conrended by plaintiff that
a tax Of ss5 on person dealing in LIQUORS
| on land End a tax OF $50 on similar dealer
on STEAMBOATS, were not equal and uniform.
| II Is held tha. .''te same amount Of tax is
levied upon al persons pursuing certain
traffic IL a certain way"
Juds .ren- reversed; Injunction dissolved,
with twenty pec cent damages, $50 at.or-
| neys fees and costs in both courts,
| W. Sandel ys, Douglas, sheriff. e. al
| Motion 70 dismiss appeal because appel
| laEt's attorney was without special au-
| thOriIy to sign 70. the appellant IN appeal
bond overruled.
An intervenor is entitled 20 the delay
necessary for ser, ice of citation and putting
the intervention at jssue. The court a qua
erred in no. granting delay asked toc by H.
tervenor n this case and cause remanded
on this account, plaintiff aud defendants
paving costs.
Sarah L. Lay e. al. W. O'Neal.-Al-
though amount involved exceeds $500 as
this is settlement Of tutors account. rGe
parish coart alone had Jurisdiction.
EY JUSTICE wyLY.
Succession of j. D. & E. C. Bai.ey.-"An
assignment of errors in this court can no:
cure the emission Of the appellants 20
make opposition and present regularly the
issues Of .ac: which they desire adjudi-
Gated, as to 40 administrators final ac-
couut fled and 1cmologated after due no
tice given. Judgment affirmed at appel
lant's costs.
j. L. Matthews Us. J. B. Williame.-
Where there Is discrepancy between the
allegation and the document made part of
the petition. the latter controls" Defend
ant executed his note for two notes against
his father, the notes being on their face five
years past due. The plea of prescription
will not avail defendant to defeat payment
of his voluntary obligation. Judgment at
firmed.
J. w Willis vs. J. W Wansley-Plaintiff
had no right to demand the nrllity Of the
Judgment, because the attorney who acted
for him was without authority, after per-
mitting that attorney to continue the litlga-
ton and after taking the chances Of q
favorable Judgment in this court" Judg-
ment affirmed.
c. II. Morrison VS.. Flourny & Co. ct al
A Judgment obta'1e on contract that ex-
listed prior to the constitution Of 1868 does
sot tall within the provisions of act No. 10
Of acts of 1863. Ar.icle l32 of the constitu-
ton ''can only have effect in the manner
and to the effect provided by law"
In forced sales the forms Of law must be
strictly complied with Judgment al
frneu.
w. G. Kennedy vs. c. H. Morrison ct al.
Tie transfer by Kennedy to Farmer, an
attorney at law, OF a suit pending against
Morrison, being ,.ensfer to effect CON-
promise and to stop litigation, was not the
sale of a litigeus right in the sense Of ar
! ticle 244!, K. c. Farmers interposition must
be construed according to the actual iuten-
ton of the parties.
One ''can not keep the fruits Of transfer.
even though 1t be the sale of a litigous
right, and ask 10 be restored to the owner
ship OF the thing which he transferred.
Judgment affirmed.