The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1873-07-26
Blanchard & Girod VS.. Nhited ct al.

Blanchard & Girod VS.. Nhited ct nj. |
-Rehearing.-Firm decree set aside,
and the judgment of District Court af-
ffrnaed, with costs. Ludeling, G. j.,
refused.
Thos. Naughton VS.. Dinkgrave.-l
Rehearing on damages. General dam
ages allowed. Judgment amended, SO
as TO annul Judgment as to the $500
special damages. Labelling, G. j., dis
senting.
Hicks vs.. Levy Stone and ct al
Judgment affirmed, with costs.
Nortin Cobb & Co. VS.. O. IIeffner
ct al.-Judgment affirmed. Justice
Wyley reused.
Kennedy Jr. ct al.vs. II. G. Rust. ell al.
Judgment affirmed.
J. G.. Sanders VS.. +. M. Grnnt.-A
deputy clerk is not vested with power
by. law, to execute commissions for
taking testimony.
Case remanded; appellee to pay cost.
JUSTICE HOWELL
A. d. d N. b. Thomas VS.. Henry
Fullcr.-tsIn contemplation of the law
and the parties the delivery OF the land
had passed to the defendant at the
execution of the authentic act. The
extension OF the time to pay the cash
until actual possession was taken, was
an extension oft terms, ian Indulgence,
and not suspensive condition."
Judgment reversed; exception as to
note and damages, sustained; in other
respects remanded, appellee paying
costs.
Rogers d NNoodall VS.. Jasper Gibbs.
Where II partner in a firm crossed
into the Confederate lines, and re-
ceivcct Confederate notes in payment
OF a note, held that a. second payment
cannot now he enforced, by urging the
payce's own unlawful conduct, and
the firm is bound. Judgment affirmed.
S. Whited, tax collector VS.. Mrs. NJ.
j. Lewis and Iusband.-The lcgisla-
turc exempted property in the limits
of Monroe from paying parish taxes
and licenses, beginning january I,
1878. The Act was promulgated April
Is, 1873, after the Police Jury had
levied tho licenses for that
year. Held that the Act was not re-
troactivc; that the legislature may
or withdraw the power to levy
taxes granted to municipal corpora
tons without affecting the uniformity
Or equality Of taxation. ga fair con-
of section 3493, II. s., in the
light of the various articles of the
Constitution having any reference to
the subject, will afford authority in
The Secretary of State to deliver to the
in the category OF this, With the state
nent that they became laws without |
thc signature of the Governor judy
neut for defendants, with costs.
Il. ID. Duckworth vs.. J. +. Payne ct |
ll.-Causc rcmandcd; exceptions of
defendant ovcrrulcd.
Plaintin, Il mortgage creditor of the
acted properly i'll not claim
ing the proceeds of Il sale of land al
legged by him to have been fraudulent
~ made, although made undcr an or
der OF the Court.
j. M. t.apayre vs.. IL. +. Nichcrs.-t
The sale to Nickers should have been
Cause rcmnndcd, ut appel
lees costs of appeal, with right to
parties toanfond their plcat}ings.
j. l.. Katiski vs.. NJ. NJ. Grady, tax
collcctor.-it was commended by plain
tiff that IL tax of $50 on Il person
dealing in liquors on land, and tax OF
800 on " similar dealer on steamboats,.
were not equal and uniform. 1t is
hcld-that 'thc same amount of tax is
levied upon all persons pursuing cnr-
tain traffic i'll Il certain Way.''
Judgment reversed; Injunction dis
solved with 70 per cent damages, $50
attorneys toes, and costs IN both courts.
w. Sandcl vs.. Douglas, Sheriff, ct al.
Motion To dismiss appeal because ap-
pellant's attorney w;,@ without spccial
authority to sign for the appellant. ON
appeal bond, oNcrrui"i.
can intcrvcnor is entitled 10 Inc do