New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-15
nconsidered as virtually abrogated or

The Supreme Court recognizing the
privilege Of the lessor upon the tools
OF the defendant. and therefore his right
OF SEEING them. used the following
language: I'VE are OF opinion that the
provisions of the Code OF Practice tarticie
b43D are not contrary or repugnant to the
article 300 of the Civil Code. The rules
prescribed tor the execution OF teri fdCId
are for ordinary cases OF debt, where no
spectral privilege existed independent OF the
Judgment. II the debtor had pledged his
tools for sum OF money. We think there
can be 10 doubt Of Lis being unable I" get
them back until he had paid the money ne
had borrowed GA them. The right OF the
pledge conferred by law il favor OF me
lessor must have the same eject. q: tAe
words have no meaning.
/. Is proper here 20 remark that i n.
tools necessary 70 The Grade "r - the pro
tesslOu OF debtor ~" now cNempt from
seizure for rent this exception flows from
.Lc ar. OF II" Ie.:.,a.rir. .: Ap,.. J.. !6!.,
and no. from the prohibition contained III
article vi OF the Code of Practice. In the
ag: No -, which i III !. genera. thafacIt!
and without u ycrsa!!n. clause. there i
nothing contrary 20 or ErccoNr''att" WIZ
.ac pros: ions 81 Ii" az. '."iin'nG IL" rights
and ct.i. atoms T.: '"sSofs ar. .e-sec>: BOT h
lave can stand: md ta.rei"r" :.e nirvah."
Z.
may be seized aL,. sold 20: ...c ..ayH.eE: u
;h. ;,H. due 20 the landlord.
For .h... reasons. j: i ordered and 3e-
crceo: Ina IL. .!d smcnt -: :tIc lowe! co..:
ue affirmed. SKA costs III o0,h cases.
Fourth District Court.
In .he cas-" o. l.. Marquczr :. CO. ". J.
r. Carey. Judge Lyme. mas decided that
the plaintiff, have c"ncius.ve:y established
their clam. Let. therefore. the ;,la.nt is
nave Judgment III their favor at'' agaiG..
the defendant for the sam rt :!GG; 70. sub.
ice. TO a credit Of $50 -. with eight per cen.
interest Oh so. - :rc. February !. -. l..
until PAID. and costs ct suit. "..a privilege
upon II" iTc?e:..: attached.
Fifth District Court.
Tie libel sui. 81 v. &. Harrison -. W.
L. .Jurgielewe.2. the riva: druggists. was
Gale. today. The jury summoned 20 ar-
pear failing Z" 80. :nCir persons We're at
.ached and all save three were fined SIC
each ny the court. /: was about three
o'clock before !ul! jury could be Obtained.
and the Gas" was continued.
Sixth District Court.
IN the case If Ch2tiraix g. Agar IS. Price.
iInc ~ Topper. Morton. Bliss &, Co., CT
New York, IntelvenoTs. :hc following j, the
summing up OF the decision Vi Judge SaU-
cier:
Under the state Of facts as above related.
me court tAo"Gh greatly ih'-eDleo 10 co"h
st! loI me 'tdi HIAS ana ie9'"i Cn v 'ce'' III
argument Goes io1 oteh :. necessary 10
pass upon many Q! we ie$dl f"esI4oEb
Whlch nave oeeh submitted .oF HIS cohs'o-
Grafton. 1t is no: even necessary 10 pass
upon the question Of cO-partnersbip raised
by plaintiffs in their answer to the petition
Of intervention. nor upon me question Of
the Nou-rt.i-trV of the vendors privilege,
whether granted by the .e1tua' provisions
OF the Civil Code or the statutory amend
inent thereof. urged ny the !ntefvtnoTs.
Ihere was evidently no sac OF the mo
laSSes IL question by the defendants .Elce.
line 4 upper. I" Norton. Bliss g 90,
VINO assumed 'hr position OK !nterycnGrs.
" hateyer interests the defendants had IL
the m0lasses resulting from .heI: purchase
they Still. possess: by the surrender OF the
evidences OF title a6oT" referred to they ala
not part with thelr interest. SHch as 4 was,
IN tac property. I."lr rights We're not Hi-
mlnlsEed, ana those 81 Morton. Bliss q 20.
were not increased. IN SO lar as tAeir re-
spectve share IN the ultimate vTohts Is CON
cerned.
Under this View OF the transaction, as DC.
tween 'ht dcieHG"nts ana .LtervenorS,
Morton, Biiss x 90. Wh" assert thelr OWL
ership and possession OF the moIasses III
conttstatlon, !. IS lmlEa;eila! whether thciT
relation to one another was that OF par
heIs or thaJ 81 ill1clp"! ana agent. IL
suifces That The !njc:FenoTs themselves
prove that the purchase was made -or their
"eheA'' ana 'hd- 'He! were - pay 'hc
Pi,ce.
me rue % our ."W - 'Le s%h-" as 'la' %
courts OF e4uli%. N"!ch VIII seen od' Inc
principle ana enforce contract agalns'
Llh, eA "lnp eI utHo' IAvuSL Hot ooth" ~