New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-29
THE COURTS.
United states Circuit Court.

lCllO"1ug
Ordered, that all United States cases in
this court be taken up and tried success
sively by preference over all other eases,
in the order they are now assigned for trial
on the bulletin board, beginning tomorrow,
the twentyninth instant, and that the clerk
give notice of this order to the parties in
interest, and post a copy hereof in the
courtroom.
Jules Brette vs.. Louisiana Savings Bank
and Safe Deposit Company ct als.-This
suit, filed on the twentieth of November
and which, on the twentieth instant, was
submitted on rule for an Injunction, was
recpened yesterday. On motion of George
5. Lacey, City Attorney, and on filing an
affidavit from his honor Mayor Witt. set
ting forth that the law does not authorize
the payment of the certificates referred to
in the petition of plaintiff in the way or
manner claimed, and that the application
for a writ of iDj JUNCTION is unauthorized and
illegal, it was ordered that the complainant
produce into court on the thirticth instant,
at ii A. NJ, the certificates referred to i'll
the bill Of complaint.
United STATES District Court.
George Alexander, praying for a writ OF
habeas corpus, was brought before Judge
DureIl yesterday, and ordered to be dis
charged from the British bark Mary. the
question of wages and costs being left
OPEN
Fourth Distric, Court.
Yesterday morning Judge Lynch cen
dered the following decisions: Payne.
Huntington & Go. VS. George w. Turner;
Judgment in favor of plaintiffs for S%}19 so,
amount of supplies advanced for cuitiva.
ton of Point Pleasant plantation. y. c.
McCan & Son VS.. George ID. Cragen; judg-
ment in favor Of plaintiffs for SEAS 20, for
price of machinery and materials used in
fitting up the sugarhOuse Oh Dulac planta-
ton. parish of Terrebonnes
Fifth District CouSrs
This court opened yesterday smoIning,
but adjourned Immediately after. Judge
Cullom having taken the place OF Judge
Abel. of the Criminal Court. who is i'll.
In The case of Motfitt Il McNabb Va. o.
Marionneaux. two promissory notes, dated
at Plaquemine. Louisiana, January IL. 1851,
made payable on the first of May and fist
of June, A. ID. 1861, amounting aggregateIy
to the sum of 1916 3d. drawn by Messrs.
Roth, Deblieux q Co., to the order Of Moftitt
Il McNabb, at the Office of Messrs. Darby
a. TremOulet, of this city, form the basis OF
the action Judge Cullom rendered this de-
olson three days since: These notes were
sued on in the parish of Iberville during
the year A. d. 1886, and service OF the peti-
ton and citation was made on Mrs. Eliza
beth b. Leverett as tutriX in her individual
CAPACITY, she being the natural tutrix
of her minor children the issue OF her
marriage with Trasimond Roth, de-
ceased, who had been one of the
partners of the commercial firm OF
Roth, Deblieu s. Co. To that action
on the subject of prescription, wherein it
involved the rule Of contra non valentem
agere non currit prTscriptio" was, for
long time thought To be settled, but after
the termination of the late war between the
States it arose to the surface OF hllgahCn
presenting features practically new, and
claiming from the courts review OF their
former opinions. The history OF that ar
had given rise 10 such multiplicity OF
cases, wherein the rights OF parties were
dependent upon, or rather were made to
hinge upon. the doctrine of stare dcceslS IN
regard to the rule that had been adopted,
that the Supreme Court again opened The
question IN the case of w. ;. Smith VS.
Charles d. Stewart ct ais, upon an appil-
cation for rehearing.
In previously giving IFS sanction Z" me
rule of contra nom rdScHf'm. 1t was evident
it had departed from the teXtual provision
of orr Civil Code wherein it declared that
..prescription runs against III PERSONS ;iu.
less they are included in Seme exception eS
tabished by law"
The rule is not recognized III the Code:
The decision in thai case on Che new tfld'i
gave rise &. different View OF ;be appiic'-
ton of the rule snd from Ies date our zee
cieiOns are replete q lth Its SenHnci"loh 'S
law in louisiana Tie courts al tue United
States government hay" preserved ana en-
forced the rule, but we are not prepared 10
admit that the individual States have lost
all power te organiza :hcig Judicial systems
and to prescribe lava :Ov ihelS guide anu
in matters of mese policy
That they have n" right nor sovereign
bower to declare Gat ESTABLISH. Their own
policy as to the limitation OF :he ',sntSH
action, 10 the tribunals which "W" tuelF th'
tension 20 State CONSTITUTIONS. Sr' M"!.l'
movie Us. Cohen. J.. Peters 90. fH-'''.
.ion in 8 matter OF policy
IN the ease OF Washington 'acH""a -.
.Jobe YOishe administrator. ihe sour' !'ei"
co. hat when the holder OF e pronISs"iS hcl'
has suffered IS to prescribe III his hdndS. NC
can noe invoke the naxim so"'!" hcH ro'"'
,c,Iy amer. nor si.,..' Drrsc',ptc, to Ielle'c
il from the .tfes. OF III" = lea %; prescription.
This maxim has no application Na''' "'''
s...sm of Jurisprudence
y, p,oI,is IL Rabef -. Pcurclan. IN when
I,iI: bo.i 20 abandon altogether the sane:
SONS which. :Oy purposes 81: s!l"1,soH nae
-. snne accorded Che 1ufs st s"ntfs non
'.s.ntem,. IL held shat this 'nasin! D Sf
" lam or first principle o. natural lave an"
the terms % 'lHii''llom III
PRESCRIPTIONS contained IN 'hs Ga "i i. wei.
=. shr ne.y C.v!l Code they haNe ''"2;s,
.bi. s.aSin, OF universal tcstSce. thie'
y Il. ''1 :r:desessoFs from ,hs '1 l':
,r,.isio,.. of written LAVE !" ''c'I''
...:rdin: - +. equity % Of . .sa: .a1':
Spinion. fere 'heu the aonega'lG,n nI o. a 'ni
hithcr," adopted doctrine ti %dS that in the
.ompIctce Accordingly we aIt f hef,rs the
SeNI nns9 Court to vii: BARLEY johnson
90; vs. rep rng at page l36 q An it held
that the Plea Of prescription t, w mot 10 the
defeated for any cause not menti O5 tbat the
exceptions established by law ana 'nA' 'D'