New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-10

| of $l2 .O59 80 against Defendants euretlee
and mortgage. The defendant is not q
party to the appeal, the plea OF prescrlP.
ton is not applicable, the bond did no!
operate as q mortgage, and the amount
| awarded is all that is due. The sureties
are not discharged by the delay allowed to
the defendant. Judgment amended SO az
to condemn the sureties.
No. 5Ol2 Bridget Bockil, appellant, VS.:
Joseph Rudman. From Seventh Judicial
District. The judge fixed no amount TO!
an appeal bond. The amount Is not sui
fcient for a suspensive appeal Motion 10
No. 497l. A. Hefner VS.. S. Hesse ct al,
appellant. From Fifteenth Judicial District.
pearsnoe of appellee. a there is no note
| of evidence, the presumption ID that the
Judge decided OH proper evidence. q A.,
70; % A., 1893, 5O4; "a A., 20. Judgment
| affirmed.
No. 5O76. E. K. Branch, appellant, VS..
police jury of Pointe Coupee.-FrOm Sew
| enth Judicial District. 1t ia not shown the
! police jury authorized the work to be done
| that plaintiff seeks compensation Tor. Judg-
| ment affirmed.
No. 5OSl. Cora and Louisa Brusle vs..
| Mrs. Louisa j. Hamilton, o. p. Hebert, in
| tervenor.-From Fifth Judicial District.
| Plaintiffs sllege tacit mortgage on lands
l fOiu w tutII udluI0A LutIlA 10 ucIcuuduss
| IntervenOr claims ownership by Judicial
| sale. The court did not err in holding the
superiority of the mortgage under which
| the interyenor acquired the property, but
| there was error in rejecting PLAINTIFF de-
| mand for a personal judgment against de-
| PENDANT. Remandei for new trial.
No. 5055. New Orleans Canal and Bank
ing Company. appellant, We. Linn Tanner,
administrator-From Ninth Judicial Dis
tpiof Nuif fivo and
mortgage. Defense, prescription. The first
note was due December Is, 1867. The sec
Ond, February %, 1868. Plaintiff caused
citation to issue February -, 1873, signed
by Ballio, clerk holding Governor War
moths commission of December 4, 1872, and
in possession of the office. The defense
claims that the clerk holding Governor
Pinchback's commission was the legal clerk.
BalliO continued clerk for several months
after issuing the citation. Tho present clerk,
appointed by Governor Kellogg, issued new
process. BAllio was de facts officer, and
hiss official acts valid. 3 A., 63l: 10 A., 524;
Is A., 404; 13 A.. 6O7; % A.. 80; Is Mass.
l7l-ls3; John, 1876; l6 Pet, ~. Judgment
amended accordingly.
BY JUSTICE MORGAN.
No 5000. State OK rel. Auditor Clinton,
appellant, vs.. James K. Andrews.-From
Ninth Judicial District. The award in dis
pute does not exceed $500. Appeal dis
missed.
No. 5O7S. John W. Wallis Va. Louis F.
Peet.-From Thirteenth Judicial District.
The Suit to annul the judgment can not be
entertained for want of parties. Judgment
reversed.
Fo. 1895. Francis o. Darby, appellant, We.
j. b. A. Claverie. From Fourth Judicial
he has no case. Judgment affirmed.
No. 500 Leon Ferrier VS.. Antoine De-
CUR, appellSnt.-From parish court of
Pointe Coupee. If the document rejected
had been received they would not have
helped the defendants case. Judgment
affirmed, with $3.50 damages for frivolous
appeal:
J. 0. Howell, John Guth, appellant-Suit
for payment of license imposed by parish
jury on retail iqusr dealers. Tho power
to enforce such licenses is given by
Revised Statutes, 27i3. The objection that
the law violates article llS Of the con-
stitution, requiring equal taxation, 10 fatal.
State vs.. Endau, % A. 663. Judgment en-
room until he pays tax Of $50 atnrmed; in
other respects reversed.
No. 5056. Citizens Bank VS.. II. Ruty ct
als.-From Fifth Judicial District. The
bond being insufficient, the appeal is dis
missed.
No. 5000. Eugene r. Brossat VS.. Mrs
Martha Martin. sppellant.-From Ninth
Judicial District. The injunction was I'M
authorized. Judgment reversed.
No. 5000. Jules Verduer VS.. Philogene
Coco. - From Seventh Judicial District.
Defendant erected draw which prevented
the water from finding its way off plaintiffs
land, causing loss of crops. There was
servitude existing, which the plaintiff has
not abandoned. Judgment dismissing
claims of damage affirmed; AS far as giving
defendant the right to close his bitches BE-
reversed.
No. 5Os7. Police Jury Of Iberville Vs. =.
l.. Lynch.-From Fifth Judicial District
Plaintiffs gave defendant warrants for SER
vices, taking his bond that they should be
returned if the Supreme Court decided he
was not entitled to be paid. They SO de-
cided. Defendant admits possession of the
warrants and reconvene for professional
services. Having received these warrants
for his services he can not now claim a
greater sum. He can be compelled to re-
turn them. Judgment affirmed.
No. 1862. John S. Wallis vs.. Z. B. Vince
lock, appellant.-From Sixth District Court
of Orleans. There is nothing illicit in the
contract of partnership, and the defendant |
has not shown that the funds resulted from !
an unlawful traffic. Having partnership !
funds in his hands, he is bound to give his |
partner the portion to which he is entitled. |
No. 5O27. Casparin e. Dietrich vs.. John |
Med. Taylor, appellant.-From Ninth Ju- |
dicial District. Judgment reversed.
No. 4754. State ex rel. c. McVey VS.. j. |
0. Howell, appellant.-From parish court |
of East Feliciana. The amount involved |
not exceeding $500, the appeal is dis
missed.
No. 5034. L. Desiree Hickman, appellant, |
Va. Amos b. Transportation Ninth Judi |
cial District. There is no error in the judg- |
ment. third opposition is allowed when |
the person claims the ownership, and when |
he claims a privilege. G. p, 1896. 1t is not |
30 commended here. Judgment affirmed.
No. 5O28. State ex rel parish jury of |
Natchitoches vs.. d. H Bouilt, appellant
From Ninth Judicial District Defendant |
appeals from judgment ordering him to |
pay funds collected into the parish treas
nry.. His exception that he can. not be pro-
ceeded against by mandamus is correct.
Judgment reversed.
No. 1910. Mrs. Ann Eliza Rainey, appel |
liant, vs.. Fanny Osborn and Sheriff Har-
per.-From Fourth District Court of Or
leans. Judgment affirmed.
No. 5048 Nathan Loue vs.. Bennett Hitch
cock, tax collector, appellant.-From par
sh court of Concordia. The police jury
employed counsel to represent them in the |
United States Court, levying special tax
Of one-half per cent in currency. Plaintiff |
enIOlned the jury from collecting this tax, |
and it was made perpetual. Judgment at
irmed.
No. 5O82. Succession James w. Piper
From Parish Court of Iberville. The |
account not having been filed by the turk
Tor by any one authorized by her nothing
herein contained is binding on her, the
lain not being kept alive by the judgment
q long since prescribed. The note was due
July l, 1861. The suit was commenced
Nay 9, 1870. Judgment reversed.
First District Court.
State vs. Francois Azure and Armantine
Nv acinth-larCeny Plea of not puiltv