New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-10
drainage district, praying for the homologa-

drainage district, praying for the homologa
ton of the assessment roll.
The grounds presented for a rehearip
in the part of Davidson, being the same q
those on which the opinion was first give
the application is refused.
No. 1929. Citizens Bank, appellant. VI
Antoine Dubuclet, State Treasurer -Fron
the Superior District Court On rehearins
the former luddmeDt to remain undisturbed
NO. 1870. Octave Elfert VS.. Drapzil
lelche, ct al, appellants.-From FIT
a promissOry note. Judgment affirmed.
No, 497S. Mrs. z. Boi, appellant w. Z
Fllleu], executor of Frank Bougere.-Fron
parish court of st. Charles. The court be
low refused the application Of plaintiff t.
be appointed administrative, who excepted
to the admission of parol testimony to show
the presumption of her fathers existence
The ruling was correct. J.. A, I6. Judg
ment affirmed.
No. 1884. State ex rel. Francois iacroi1
VS. Judge of the Superior District Court
RelatOr alleges all his property in New Or
leans has been seized and advertised fo
sale to satisfy pretended judgments fol-
taxes of 1870 and 1878: that he was no
cited nor served with notice; that he OBJ
tanned suspensive appeal and asks for {
writ OF prohibition. The respondents show
relator had knowledge of the judgments
promised to pay them, was unable to do so
that the administration was according tt
law. Writ denied
No. 1893. s. Fernandez. appellant. vs.
elias Miller.-FIom the Fifteenth Judica
District: Plaintiff Professionally seized de
1endant's mOvables on rent note of $4,000
Defendant asked that it be set aside on the
ground that the order was signed without
ba caf n
damages of $1,000 allowed. The affidavit
was not signed by a party to the suit OF
his attorney. As it did not comply with C.
L. LIS and X. S. 2027. the seizure was in
valid. The damages are excessive and are
reduced to 500. Judgment affirmed as
amended.
By JUSTICE MORGAN.
No. 1867. State ex rel. heirs Of Mary W.
Gee VS.. parish judge OF Clalborne-Mrs
Gee died December II, 1873. The public
administrator applied to be appointed De.
cember II, 1873. The heirs opposed the
application December 90, 1873. Before this
was filed the public administrator filed an.
other petition, praying for immediate pos
session. which was granted. A suspensive
appeal was refused. The heirs apply for @
mandamus. This is not the case Of several
parties contending who shall be appointed
administrator; it was whether there was
any necessity for any administrator, and
they are entitled to a suspensive appeal.
Rule made absolute
Nos. 1855 and $685. Pat Higgins, appel
liant, VS.. G. c. Haley.-From Fifth District
of Orleans. Exception that the jury, during
recess, had conversation with defendant on
the merits Of the case, and were improperly
influenced, on application for q new trial
was OverruleG by the court below. Plaintiff
riuhf To oh hx,a
New trial ordered.
1899. Lapene & Ferre ct al. VS.. Edward
Fifteenth Judicial District.
The recording of the claims of the third
opposition being too late, according to
White vs. Bud %, A. go. and Loeb VS..
Blum % A. 232, to affect Selling creditors.
The Judgment is affirmed.
First District Court.
State Va. Sam Thomas-First. assault and
battery: second, assault with dangerous
weapon. Plea of not guilty.
SENTENCED.
State VS.. William Miller.-Larceny. Four
months in Parish Prison.
State vs.. William Daily.-Assault and
battery. Plea OF guilty of assault. Three
months in Parish Prison.
ON TRIAL.
State VS.. Eph. Maurice.-Murder.
Second District Court.
SUGGESTIONS of Marie c.. w., Margaret
Iourcesy. Raphael Tudury and Eugene
tfOrin opened.
John Henry Schmidt prays to be enamel.
'ated.
Petition Of Introduction filed against
IdOlph Bonnecaze.
Fifth District Court.
Judge Culloin has rendered the following
ecisiOn.
Joseph n. Shawhan Va. o. p. Shnkle ct
ls.-Thls Is an action to recover the value
mare shipped on board the steamer
harles Bodmann about the eighteenth day
March, 1873, 20 be delivered at Louis |
lille, Kentucky. En- route the mares thigh
as broken. She was landed at the port of |
ana died of her injuries before |
he could be removed from the spot where /
le boat put her off. The sum claimed is
300, with interest from judicial demand, in
lido, against Captain Shinkle and other
art owners whose names are not known.
keeper was placed on board the steamer
' the agent OF the owner when the animal
it'll others was shipped.
The policy Of the law is TO hold carriers |
very strict accountability. Bond VS..
rost, 6 A. SOL; 8 A. a97. When injury is
me to freight on board the Onus of proof
on the boat to show how the damage was
me, and to show that the cause was dis
ajor and not controllable. Roberts va.
ley, Is A. l03. See also Lewis VS.. the
ccess, Is A. |; Cochran VS.. the Cleopatra.
A. go; Medina va. Hanson, IL An. $50.
le presence of keeper did not lessen
e responsibility of the Carrier. Peters Va.
Q New Orleans, jackson and Great
,rthern Railroad COMPANY. l6 A.. 22l |
70 evidence fails to show that the animal |
IS worth $500. She was beginning to be
|, and seems intended for a brood mare |
". The evidence of this case. as in all
lers of similar character is conflicting. {
3 was with foal by a sire of very good
iigree and on account, was worth more
N she otherwise would have been. Three
ldred dollars, think would be a lair y
umeratioa for the loss, and there will be
gment accordingly, as prayed for, with
per cent from judicial demand. :