New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-02

| borne be annulled and avoided.
No. 47e3. State Of LOUISIANA s. William
Thomas, appellart.-FrOm SGon Judicial
District. The defendant wa, idicted fol
and convicted of murder, and sotenced to
death. His appeal is dismssd. on the
ground that the transcript file is mani
testify incomplete, and the fault S imputa.
BILE to the appellant.
No. 1921. John F. Mills, APPELLANT, vs..
j. A. Massie.-From the Sevent District
Court for the parish OF Orleans. Judgment
affirmed.
No. 4095. Bradford, Lea g. Inney vs..
Bank of America, Charles Case, APPELLANT
From the Seventh District Co1t for the
parish of Orleane. Motion to dismiss ap-
peal denied.
No. 2462. Louis Laburie, APPELLANT, VS..
Moore, Janney & Hyams.-Frmt he Sixth
District Court for the parishf Orleans.
Plaintiff appeals from a judgment dissolv-
ing with damages his injunctimof the ex-
ecutory process sued out by df,ndants on
his mortgage note of $4,000. Tie defense is
that the note was made without considera-
ton, and that defendants wee aware of
this. 1t is not sustained by tie evidence.
We are satisfied that the note was given to
make up deficiency owing 3 the depre-
citation Of Slaughterhouse sticks pledged.
Judgment amended increasing he damage
to twenty per cent. and as thus smended is
affirmed.
BY JUSTICE MORGAN.
No 4743 Bernard Lacaze vs.Mrs. Eliza
beth Nagel. appellant.-From the Sixth
District Court of Orleans. appeal dis
missed.
No ATS. State ex rel. Pierre Ia gloire VS..
A. L. Barbin, sheriff appellant From the
District Court of Avoyelles. Tbs is con-
test for office. On motion to dismiss the
appeal on the ground that tie transcript
was not filed at the proper tine and is not
complete, the court dismissed tle appeal.
No. 1894. Mrs. A. NJ. Jenning, appellant
VS.. Mrs. F. Nj. McConnico.-from Fourth
District Court Of Orleans. Judgment al
tirrned.
No. 1888 State ex rel. jane Dorsey vs.
Board of Metropolitan Police, APPELLANTS
From the Eighth District Cour Of Orleans.
Plaintiff obtained Judgment forslls0 80 for
pay as sergeant, and asks thai defendants
be compelled to issue warrants for the
amount. The judgment of tn lower court
is affirmed.
No. 1914. Marcelin Goudry, appellant, VS..
j. Jeauneaud g. Co.-Reheaing. Judg.
ment heretofore rendered reversed, and
Judgment of the district courtatfirmed.
No. 294S. Christian Schopp vs.. Charles
Kummel, appellant.-Rehearig. Judgment
to remain undsturbed.
No. 1923 Charles A. NJ. Pouz vs.. August
Reggie; BIanchin g. Giraud, garnishees.-
Apps al from the Seventh District Court of
Orleans. Poutz obtained twojudgments of
$l047 IS and $6843 SO, less cndi5 Of $500.
The garnishees, in answering he interroga-
tories, deny owing the defendant. Poutz
traverses these answers, and atfirms they
are false. The Pointe-au- Chias plantation
ccIl <, rfi =, Tbo
family. Auguste Reggie purchased it for
$50, 900 One of the heirs is Edmond Reg
gio, minor son Of Auguste. Hi interest is
$l4 1893 70, and Auguste gave special mort
gage on the plantation to seeire it. The
sale took place April |, 1914. Mortgage was
reissued December 4, 1869. Edmond Reggie
ia insane, and was interdicted January Is,
1870 His brother Octave, as his curator,
obtained a judgment against Auguste for
$l4,S99 70 February !, 1870. February
writ Of tieri facias was listed, and the
property seized. On the twety-eighth Of
November, 1867, Auguste Reggie sold the
half Of the plantatin to Pou,z
for $4,000 cash, binding himself to release
Judgment on which the planta-
ton was sold February 5. $50, and pur
chased by Blanchin Il Ciraud. The
curator dispensed them from paying the
amount due in cash. The purchase price
was SAL 900, and 81, 800 was paid the sheriff
as due PoutZ. All these facts were within
his knowledge and he took nOsteps to COM
pell Augusta to comply vita his contract.
The plaintiff contends that he reinscrip-
ton Of the mortgage did not rein
state it, and that il was buried by the
prescription of twenty years The entry
is, !'Reinsciibed at the request of Mr..
Auguset Reggie, December 4, 1862"
The district judge thought this amounted
to nothing. and this court thought SO too.
The original mortgage is fully set forth in
the act of partition and sale, and the debt
to the minor specially set forth. The re-
cital of transcription refers to the inscrip-
ton and not tie the original mortgage. II
mas never been held that it is necessary to
make an entire copy to make valid re-
inscription. See succession of Pete, 6 A. DAP;
Rogers VS.. Chandler. 6 A. $40. 1t is appar-
mt Poutz knew of the debt. Auguste and
Octave Reggie swear the debt was con-
,tantly acknowledged The transcription
was anterior to Poutz' judgment. Since
S55 all debts bear five per cent interest.
The price of the plantation vas one-third
or slaves and two thirds for land, making
lat price about $4,000, which, with the
interest, far exceeds t amount in the gar
lishee's hands. Juden ant heretofore rem
Tered reversed, and that OF the district
avor OF the garnisheer, and Octave Reggie
Is curator plaintiff to pay costs in both
,Ourts.
Superior District Court.
Benjamin j. Taylor VS.. New Orleans,
Jackson and Great Northern Railroad
Plaintiff alleges contract to transport
arge amount of lumber from the car works,
xty miles, to New Orleans, and failure
@ carry it out, by which he was prevented
rom fulfilling his contract with Eager,
lllerman & Co., ard was damaged to the
xtent of $4,000 in expenses in telling the
umber and $500 in lost profits.
First District Court.
INFoRMATIoNs FILED.
Assault with a dangerous weapon-H. T.
Iawler, John j. Barnett.
Assault and battery-Jim johnson, John
Cresser.
Carrying concealed weapons-Joseph NJ.
Rosetta.
Larceny--Mrs. Hart, Charles Austin,
Nary Jane Callan, Moses johnson, Kate
Wells, Clara Mitchell, George Anderson,
lias Pinkney, Hugh Sheridan.
NOLLE PROsEQUI ENTERED.
j. w. Lesser, for assault and battery, and
ieorge Ticket, alias Miller, for horse
tealing.
ARRAIGNED.
Thomas A. Wallace, wounding less than
mayhem; plea of not guilty.
SENTENCED.
State vs.. Louis Willis, alias Pugh.-Lar
eny, one day in Parish Prison; assault and
one day in Parish Pri,on
State VS.. Henry Johnson.-Larceny, ten
avs in Parish Prison.
Second District Court.
The SUGGESTIONS of Mrs. NJ j. E. Scott and
'ierre Z. Wilt have been opened.
Meteorological and River Report.
The signal service, United States army,
eports, for the benefit of commerce, the
racord and r,sa or fall of