New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-19
COURT RECORD.
THURSDAY, JUNE Is, 1874.
First District Court.

State VS.. Lucy Washington and Sarah
Roan.-Assault ard battery. Sentence,
Lucy Washington. three months, Sarah
Roam, one day in Parish Prison.
State VS.. Francois Manton and Albert
Claiborne.-Larceny. Verdict, not guilty:
State VS.. j. B. Nicholson Assault and
battery. Plea of guilty of assault. Sen
tence, $40 fneOr one day il Parish Prison.
Second District Court.
The iuterdiction OF Willa,n Moran is
prayed for. !.
SUGGESTIONS Of Mary Ann Ramsay: wife OF
John Holl, Pierre Conrot-e. +. &. Barriere
and Raphael r. Pons opened.
Fifth District Court.
w. c. Harrison VS.. w. L. Jurgielwitz-
Libel. Verdict for plaintiff OF u damages
Judge Cullom rendered the following de-
cision;
Gallagher We Cassidy & Schneider.-The
plaintiff has seized personal effects upon
which there exists lessons privilege, with
light OF pledge. One months rent is due,
and the les sc is to ldn for several months
TO come. The evidence is conflicting, Mr.
Gallagher tes,itsing that the effects ON the
leased premises are abundantiy suhclent 10
pay the lessor and leave something tor bis
claim. M. Phillips, on the contrary, states
that they will not pay the .essor's privilege
due ard yet TO become due, by considerable
ODDS, if exposed for sale for cash Dy the
sheriff. He is the agent and attorney at
law of the lessor. The court has not been
favored with any fu. her evidence CouI-
eel for Gallagher takes it for granted that
in the opinion fist expressed by this court
in this case it was guided ny the case OF
Of Robb vs. Wagner, 5 Al. Ill. 1t is IN
point to some extent, bur it was not the
only authority. Much weight was given to
the evidence, which preponderated. as the
court opined, N favor Of the lessor, as to
the insuHciency of the attached property
to satisfy the sum due and to become due
on the lease, in the event Of a sale thereof
for cash by the sheriff. But this was part
only of the reason OF the court
L. is true that article 24l. c. p, provides
that q creditor may obtain mandate OF
seizure against all species of property be.
longing to his debtor, whether such prop
erty be in the debtors possession or IN that
of third persons; but this eau 10. be under
stood as setting TO naught other provisions
of law equally positive. Courts must con
strue them with reference 10 each other
| The lessor has, for me payment Of his rent
and other Obligations OF the lease, righ,
| of pledge on the movable effects OF the
| lessee. which are found OF the property
| ieased.' G. C. 2705. The right which the
| lessor has over the products OF the estate
and on the movab,es which are found OF
| the place leased, for his rent, is Of higher
rsture than a mere privilege. The latter u
| only enforced on the price arising from tn
sale of movables, to which 1t applies.
does NOT enable the creditor to taAe or keel
the effects themselves specially. Ihe les
| sor. on the contrary. may take the eject
| themselves. and retain them until be il
| paid. C. c. article 32le. See articles e7U7-
| SO Ii, therefore, he may retain then
until he is paid, if he may take or keel
then it follows that no creditor can dt
| prive him of the possession un ne Is paid
To decree otherwise, would be, to all IN
tents and purposes, to lnvalidate and VIC
late his contract
do not think the case would be mad
stronger by conceGirg the movables to D.
sufficient to pay both the lease and tn
claim of the attaching creditor, because tn
lessor's privilege and right of pledge 90 no
extend simply TO the payment OF the lease
| but also to the other obligations OF tn
lease. &C, 2705. What these other OBJ,
cations are may be found enumerated i
the Code, from article Oil to 2126. Il
therefore, the attaching creditor can SCI
the movables subject only to the pay
ment Of the price of the lease, wha
pledge would remain to be the other oolgs
lions OF the lease IL the event of their be
Gaming exisibie} TIE lease itself can no
be sold, because that would compel the LEI
sor to accept the same lessee divested OF bi
means Of securing the lessor, or to take
new lessee, possibly AGAINST his will Tn
lessor has an inviolab.e right to the tn
benefit of his contract, no. only as to tn
pledge, but IA to the lessee. therefor
see no remedy, no relief tor it's attachln
creditor but in the payment OF the Lessor
claims under his contra t. New trial ovel
| ruled and refused.