New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-01
COURT RECORD.
MONDAY. NOVEMBER 30. 1871

Present-All the judges.
The following decisions were rendered:
By CHIEF JUSTICE LuDELfNc.
No. 5i6S. State ex rel. Henry Loeb vs.
Judge Of Sixth District tCourt.-ApplicatiOn
for writ Of prohibition. An appeal was set
aside on the exception that the bond was
not good and execution ordered. This was
not an error. Defendant was nonresident.
His attorney did not know his sureties'
residences. They were not in the directory.
The sheriff returned tho supeaas not found.
Prohibition refused.
No 354o. Britton e. Moore vs. A. Paradise.
appellant. - From Sixth District Court.
Judgment affirmed. with ten per cent dam.
ages.
ct al. appellants-From Sixth District
Court. Intrusion act, the case being de-
cided against George, % A., 139. This suit
was an injunction against receiving fees OF
office, set aside by fuckers giving bond.
The cases of Terry VS.. Sumter. II A., 3O6;
VOisin Va. Leche. . A., 25, 81, do not sus.
tain the objections of the surety. He is
responsible ON the bond. Judgment at.
frmed.
Court. % PEA Of PRESCRIPTION Hev overraied. Leland and
Judgment affirmed.
No. 3574. William Schults. appellant, Va.
T. Bacchous-From Eighth District Court.
Judgment affirmed.
By JUSTICE 1ALrAFERRo.
No. 1924. Mrs. Ellen Yezanga del Valley,
ct rex, appellants, vs. steamboat Richmond.
From Fifth District Court. Action for
value Of Jewels stolen from the state room.
The carriers liability is TOR all freight in
trusted to him, and for q reasonable amount
of personal baggage, considering the cir
cumstances Of the passenger and character
of the journey. Slmon VS.: Mullen. A., 362;
Mechanics and Traders Bank va. Gordon,
5 A., 6O4; IS A.. 664; 20 A., 4O2; I Martin,
1856. Judgement for defendant on the yer.
dict affirmed.
No. 33al. Louisiana Mutual Insurance
COMPANY. appellant. vs.. Antonio ClstA
ct al.-From Fourth District Court. Judg-
ment reversed and case Eemanded for new
No. 355s Chi.m & Boyd, appellants, vs..
P. j. Lefebre-From Seventh District
wall. c.. c. 677. See Winter 70. Reynolds,
% A.. ll3 The defendant is liable if he
uses the wall. 90 A.. 553: q A.. ia. Case
remanded.
No. 1916. Mrs. Louisa French Va John n.
Bush 1T al, appellant. From Sixth Ju-
dicial District Court Petitory action to
recover house and LOT. tho answer deny.
ing ownership of plaintiff. Judgment 80
tar as failing to give rent reversed; other
wise affirmed.
No. 5287. Hibefnis National Bank. ap.
pellant, vs.. Samuel Smith OF al.-From
Fifth District Court. Judgment compell.
ing plaintiffs to pay the city $5775 for taxes
reversed. That portion dissolying the in
Junction affirmed.
No. 53oe. Alexander NJ. Agelasto rs. W..
r. Mills, appellant.-FrOm Sixth District
Court. Judgment affirmed.
No. 1864 Leopold Guichard. appellant,
VI. Uranie Guichard ct als.-From Sixth
District Court. Judgment affirmed.
No 1886. Hibernia National Bank. ap-
pellanta, -. Nathaniel MOntross.-FrOm
Fifth District Court. Judment affirmed.
No. $3.50 Samuel BARRETT VS.. Mrs. S. A.
Hagan ct al, appellants.-From Sixth Dis
trict Court. On promissOry note the words,
1--WE promise to pay" make the obligation
Joint. Judgment reversed.
No. 1851. Henry Reiners vs. Valentine
St. Ceran. 8. J. Maxwell, surety and sp.
acknowledgement affirmed.
81 JUSTICE HOWELL.
No. 1928. Kehlor, Cpdick & Co. vs..
Sixth District Court. judgment reversed,
the subsequent silence of plaintiff being
sufficient to ratify defendants acts in delay
ing selling Of merchandise consigned to
them. A.. 4Gs; s A., 53S; ~ A., 159; n.
s.. I43; Is L., 81; Is L., 5l7.
No 1868 Charles G. Pease & Co. v..
Felix Heer ct al, appellants.-frOm Seventh
District Court. Settled by Gayarre ys.
Pease, 25 4. Judgment amended.
No. 1902. Thomy Lafon VS.. William B:
Hyman, Alphonse Cazabat intervenor and
appellant.-From Second Judicial District.
Appellant is entitled to no interest in the
nOfa Judgment affirmed.
No. 5H5. Columbus II. Allen vs. James
Wood, appellant.-From Fifth District
Court. Motion to dismiss appeal refused.
No. 5l56. Miss Elizabeth Crofts vs. Jere-
miah Moynihan and P. Irwin, appellants
From Fifth District Court. Appeal dis
missed.
No. $780, Jean Segassie, appellant. vs.. An
tome Piernas.-From Sixth District Court.
A surety is responsible for the value of
movables only when they are not delivered
according to the bond. OF land he is re-
sposible for revenues. e. T. 279. $50, 2Sl.
Judgment reversed.
No. 35i9. Carondelet Canal and Naviga-
ton Company VS.. drainage commissioners,
appellante. e.-From Sixth District Court.
Judgment toy rent of two dredge boats a.
firned.
EY JUSTICE WYLY.
No. 49ii. Antonio Partigas IS. State Ma
tional Bank, appellant.-From Sixth Dis
trio, Court A check accepted by the Louis.
lana State Bank on balance owed July 81,
1862, may be paid in United States currency.
Judgment affirmed.
No. 474S State IS. John .. Mclean, ap-
pellant.-From Superior District Court.
Tax suit. Twenty five per cent penalty re-
mitted for one year. and judgment affirmed.
No. 1853 State VS.. Joseph Canassas.-
Same as No. 44S.
No. 1881. Mrs. E. L. Kyle vs. Mutual Aid
and Benevolent Life Association OF Louis
lana. appellant.-From Sixth District Court.
1t is not shown the plaintiff received writ
ten notice Of assessment. The forfeiture
was invalid. Judgment affirmed.
No. 1893. Alex. Taylor Va. Mrs. A. E.
Seaton ct al, appellants.-From Seventh
District Court. judgment Affirmed. with
ten per cent damages.
No. 473S. Block, Britton H. Go. VS.. Barton.
Miller & Co., j. NJ. Lewis & Co. and Charles
Clinton, appellan:s.-From Sixth District
Court. Appeal of Clinton dismissed, and
Judgment affirmed.
No. 52l4. +. Fischer vs. Henry Stern, ap-
pellans.-From Fourth District Court. Ap-
peal dismissed. with ten per cent damages
No. EiO. Louisiana Lodge No. I02 +. and
a. NJ. Va. Arthur Waugh ct a.. Arthur c.
Waugh, surety and appellant.-From Fifth
District Court. The surety was sufficiently
notified. Judgment affirmed.
No. 1861. w. w. Carruth vs q. +. Blan.
card. .appellant.-From Fifth District Court.
Judgment affirmed, with ten PEE cent dam
ages.
EY JUSTICE HORCAS.
No i159. Commercial Press ys. Crescent
CITY National Bank, Shultz, warrantOr, ap-
ant--From Sixth District Court. A
check to order of Commercial Press was
indorsed ''by Smith & Goldsmith (the pro-
prietors,. per a. j. Burk.' The teller
required identification. Schultz Endorsed