New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-25
VOLUME vIII-NO. 81.
COURT RECORD.
FRIDAY, JULY "A, lS1 4.
Supreme Court.

FRIDAY, JULY "a, 1874.
Supreme Court.
The following decisions were rendered on
Monday, July 20, 1874. at the Monroe term:
BY CHIEF JUSTICE LUDEIING.
State Of Louisiana We. Stephen Cox
Judgment affirmed.
Andrew j. Williams vs. c. T. Williams
Judgment Of lower court avoided and judg.
ment in favor Of plaintiff tor $7034 79, with
interest.
Julia A. Lewis vs. Winston, Morrison &
Co.-Judgment affirmed.
F. c. & T. D. Manning We. H. c. Glas.
sOn,-Judgment affirmed.
James Christian We. H. F. Vickers.-Judg.
ment affirmed.
A. b. g. N. 3. yhomss We. H. Fuller,
Cooper garnishee.-Judgment affirmed.
Saliie 7. Weaver vs.. William 5. Lewis ct
al.-Judgment reversed and Judgment in
favor of plaintiff. perpetuatiug '7juuction
| with 500 damages.
Thomas 3. Kilgore We. John s. Tippett, ct
al.-Judomenr affirmed.
Peter james vs NJ J. Lewis and husband.
Judgment affirmed.
| Judgment Of lower corrt avoided, and
| injunction of tax collector.
The State Va. NJ. Luter, ct al Judgment
| affirmed.
BIZ JUSTICE TALIAFERRo.
w. B. Looney, use OF L. G. Barron vs.
D. H. Sheppard, 456.-AtGrmed.
w. b. Looney, use OF L. G. Barron vs
D. II. Sheppard, 43S.-Affirmed.
Chatfe, Shea & LLOYD vs.. 6. B. Aber'
crOmbie.-Adirmed.
j. II. Scott vs. D. c. Davis, ct al, F. B
Davis, garnishee.-Afirmed
| Succession of Mary A. Gee.-Ordered
that the judgment Of The parish judge, ap
| pointing pubic administrator to administer
be cauceled, ond that the legal heirs be
| put III possession.
Mrs E. Y. Ebert and husband vs. Wallace
| e. Co.. Llddell, sheriff ct al.-Ahirned.
State ex rel. r. T. Vaughn. district atter
new VS.. J. S Ricnardson.-Atfirmed.
| D. c. Morgan, administrator vs. Mary +
| Gibson, Affirmed.
| NJ. S. Kimbrew, administrator VS.. w. 5
Cooksey ct al.-Atfirmed.
BY JUSTICE HOWELL.
Simon B. Miller VS.. NJ. c. Mosely.-Af
6rned.
| David Bowen, guardian VS.. F. R. Gallo
| way, Acknowledgements apDeaied from re-
| versed and ordered that plantiff he recog
nized as guardian of J. A. G. Raby and
that defendant pay him $lsl3 50 with five
| per cent interest, and deliver to plaintiff the
| property belonging to said minor. described
| IN plaintiffs petition, upon.p !aintiff making
proof according to law, and that plainl.t
oe authorized to remove u oor's property
| out of State.
G. w. G.. Trezevant. tutor ct al vs. John
D. Holley.-Afiirmed.
NJ. Giliis vs j. y. Dansby ct al-Verdict
of jury and judgment Of lower court re
| versed, and ordered that exception O.
defendants be sustained and suit dismissed
Thomas S. Dugan ct al. We. police jury O
St. Charles, etc. Appeal dismissed.
| Mary Markham VS.. j. j. Schardt.-Judg
ment reversed and Judgment IN favor O.
defendant dismissing p'aiut'tf demand.
| J. Harvey Brigham VS.. A.. L. Bussey e'
tl-Judgment affirmed. Chief Justice Lu
| deling dissenting.
| Peet, Yale Il Bowling vs. 5. II. Riley q
| Co. ct e1.-Judgment reversed as to b. +
| Vickers, and ordered that he pay plaintiff
the sam of $3.50 so, with interest;
E. D. Duckworth, individuality. ct al. vs
j. B. Payne ct al.-Verdict o. jury and
Judgment of lower court set aside ano
Parish of st. Charles vs. Leon Sarpy.-
Judgment affirmed.
By JUSTICE wYLY.
NJ. E. Livingston vs. D. c. Morgan
Jud pment in favor Of plaintiff. requiring the
| defendant to transfer the title OF the land
| in controversy in this case to her on tender
| ing to him the note execur ID for the price
| together with the sum paid bv him on said
| note, or on rendering the whole Drit II ds
| fendant paid it. Further Oraered that
| there be judgment in favor of defendant in
| the sum Of 500 in gold. with eight per cent
| interest from March g. 1866; ESQ for the
| sum of $685. IS, with interest.
G. II. Morrison VS.. P. j. Larkin, tax col
| Acknowledgement appealed rom be an.
allied and it is ordered that the jnjr nc. on
herein be dissolved.
j. W. Wilson. administrat vs. j. A.
Chalaron.-Judgment affirmed.
James B. ChaDman We. Male, Day & Co.
Judgment annui,ed and Judgment for de.
iendant rejecting plaintiff g demand.
Mrs. T. l. Mangram end husband vs.. Mre
c. Nors worthy, ,tutrix.-Jrdgmenta annulled
and ordered that accounts in record be sold
by sheriff, and one-ha'f proceeds paid to
plaintiff and the other half to defendants.
Ashley heirs VS.. Adam Riser ct al.-Judg-
ment affirmed.
10. c. Stafford vs. Pearson & Williams
Judgm amended and % amended at
frmed.
State ex rel Mrs. Hasley. executrix. vs..
parish Judge of Observation-Disclosures made
peremptOry
BY JUSTICE MORGAN.
Cornelia Mccoy and husband vs. Neelv
Mccoy. admiristrator.-Judgm affirmed.
Mrs. NJ. Grayson, administrative, vs. John
Bule.-Nerdict of jury and judgment OF the
lower court set aside. and ordered that the
| case be remanded to the district court - be
proceeded with according to law and accord.
| ing to the view expressed by the court.
| q. NJ. CrOXton VS.. D. c. MOrgan.-Judg.
| ment affirmed.
Dodson Harrell vs. J. G. Sanders.-Judg.
| ment affirmed.
Steamer Stella Block vs. parish of Rich
| land.-Judgment affirmed.
Thomas B. Kilgour We. NJ. I. Nicholson
ct al.-Judgment annuIled, and ordered
that the injunction herein grs uted be dis
solved.
Thomas B. Kilgore vs.. 7. N. Willis ct al
Judgment annulled and Injunction dis
solved.
Mrs. NJ. s. Pool vs. Annie Alexander and
husband.-Ordered that jude be
amended and affirmed as amended.
Superior District Court.
Elias Wolfe vs.. L. Schneider, Admins
traitor of Finance. and w. P. Harper, civil
sheriff. Petitioner alleges that by ordiu-
ance No. 2575 passed April 1854, the city is
endeavoring to collect back taxes by a
: system of deductions for cash as by the
ordinance annexed; that the city has no
power to pass such an ordinance, 1t not
being gwen by the chart 3r; that the Legis-
lature attempted to pass such an act, but 1t
was vetoed by the Governor and the veto
sustained. and prays for an injunction.
Rule nisi granted, returnable July %.
Superior Criminal Court.
Judge Cullom of the Fifth District Court
nras1jnp