New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-18

Livingston, appellant.-From Superio
Criminal Court. Information for breakin
and entering shop in the night time wit
intent to steal. Sentence seven years. Th
Judge properly refused to charge that
accused rented the room to Thomas Hut
l bard, IN which the property was found
they must acquit him. Judgment affirmed
BY JUSTICE HOWELL.
No. 1852. Benito Vinas, appellant. ve
Merchants Mutual Insurance Company
!. From Fifth District Court. C.. C., 443, de
I claring that corporations can not commit
] crime. does not exempt them from a civi
!; action for libel. Town, Slander and Libel
2to. There is nothing in law to prevent
corporation from being the publishes of
h6el. Judgment reversed, exception over
ruled and case remanded.
J No. j529. City of New Orleans vs. CITY
| Hotel ct al, appellants.-From Superior
District Court. Judgment for taxes agains
} City Hotel, etc. There can be no doub
that Morse and Zunts, appellants, were the
parties condemned by the judgment. 8. L
2l5; L., 100; ) l., 2S4; IA A., 83l. Judg
ment amended to $i375 against Morse ano
Zunts.
No. 1867. Anna Langstortf vs. j. Legar
deur, appellant. - From Seventh Distric,
Court The plea of res judicata can not
prevail, as there was nOnsuit as to the por
tion of the claim embraced. The lease was
established, but there was no privilege
Provisional seizure set aside and Judgment
amended.
No 4Sll Alfred Hennen's executrix. ap-
pellant, VS.. Forget Guillolet ct ais From
Sixth District Court. The garnishees were
not guilty of neglect to answer. The infer
ence is clear that, Gerodias' account being
closed, he had no money at the banker g.
Judgment affirmed.
No. 5734. Quinlin Brothers & Co. VS.. J..
H. Wood ct al, appellants.-From Fourth
District Court. Attachment on acceptance
Of defendant Of property. No. - st. Charles
street, alleged sold by Wood to Chandler
The sale was simulated. Judgment aft med
No. 44Sl. James T. Jackson, appellant,
VS.. William Durhridge.-FrOm Second
Judicial District. The judge properly dis
solved the injunction on bond. Judgment
| affirmed.
No. 1879. Smith & McKepna VS.. Edwin
Charles ct al. appellants. From Fifth Dis
trict Court.-The mortage attached to all
the mortgageable property, q A, 253.
Judgment reversed. Glover Il Oiendahl
to receive $25l 40, Vose Brothers $5l9 80,
Finney & Byrnes $22S "a. c. H. Lawrence
| & Co. $S28 70, Smith IL McKenua the bal
ance.
BY JUSTICE wYLY.
No. 1868. William +. Doughty vs. Sheriff
ct al. appellants.-From Filth Judicial
1865 from selling homestead, l6O acres,
| seized by judgment creditors. The debts
| were contracted prior to the act. The ex-
ceptions in the act manifestly show it
applies to seizures made after the passage
| OF the law. regardless of the time the debts
! were contracted. Robert vs. Carr, - A.
1879, held the law applicable and constitu
tiOnal This case is identical. Ii defend
ant had had privilege of mortgage prior
to the act it would not have been affected,
The object OF the act was to uphold agri-
cultural interests, to preserve from seizure
a small piece of land, implements, animals
and provisions. The restrictive clause of
the constitution of the United States was
never intended to pardlyse the arm of in
dustry or prevent State from developing
her resources by fostering agricultural pur-
suits. The act of 1882 allowing the wdow
$l0O0 does not apply to creditors. Success
sion of Taylor, 10 A., $40; Milne vs. Schmidt,
II A, 553 See l5 A., l53, Cooley Lin.
Judgment affirmed.
Chief Justice Ludeling dissenting The
law should not apply to cases existing be-
fore it's passage; N. S, 270; I La, go; II
A.. II If the law annulled them it would
be unconstitutional. Courts should cOpstrue
laws to give them effect. This law has been
interpreted not to apply to pre-exis,ing
debts; 10 A., 507; II A., $751; Roupe We. Car
radine. 90 A., pa; Mills VS.. Sheriff. 25 A.,
lf~. uo OUlSdllOu VI d contract lS that
which the law in force at the time il is
made obliges the parties to do or not to do.
The right of each is to obtain performance,
right that can be enforced; G. G.. 1857. A
law exempting all of the debtors property
would be unconstitutional, and so would |
one exempting part if the portion left |
was not sufficient to satisfy the debt; |
Wheat. l22; Wheat, |; E Wheat. 49, 6 |
N. s., 59l.
No. 5755. Randell Hunt vs.. James E.
Zunts, appellant. - From Sixth District |
Court. Motion to dismiss appeal from iudg. |
ment confirming award of $500 of arbtra- |
tor, by contract, for plaintiffs professional |
services, and also for $4,000, liquidated
damages, for not complying with the award
in five days, on the ground that defendant,
before appealing must comply with the
award. c. c., 3l3O. That has no applca
tion to the appellate jurisdiction Of this
court. There is no law forbidding the re-
view OF the judgment of the court below.
Notion denied Chief Justice Ludeling
dissenting, considers defendant should pay
the penalty before appealing, and that the
appeal should be dismissed:
No. 39l9 Thomas G. Egan vs.. Firemen's
Insurance Company and Pelican Insurance
Company, appellants.-From Seventh Dis
trlct Court. Plaintiff recovered $1,000 |
against the Firemen's Company and the |
same against the Pelican, as having as
'umed the loss. 1t was merely an ordinary
insurance, no written agreement being en-
tered into, but the entry made on the Peli,
,an's books. Judgment reversed.
No. 4479. Moore, Janney & Hyams VS..
Louis Lalaurie, appellant.-From Sixth Dis.
rlct Court. The sureties on appeal bond
ire liable where execution issued on certiti-
,ate Of non fling of transcript. Champouir
's Washington, A., 1913. Judgment an
lulled.
No. 5271. City of New Orleans VS.. Peo.
lies Insurance Company, appelant-From
superior District Court. Article lis of the
constitution requires taxation to be equal,
nd authorizes the Legislature to exempt
hurch, school and charitable property.
his ls prohibition of exemption of any
ther property. Because defendant pays a
lcense is no reason why it's property should
ot be taxed. New Orleans vs. Salamander
insurance Company, IS A., $50. Judgment
tfirmed. s
No. 5572. State ex rel. John j. Hayes. ap-
ellanr, vs.. city Of New Orleans From
uperiOr District Court. The State had the |
ight to enact that all INDECENT cases of y
mall pox should be sent to the Luzenburg
lospital. Act No. 60 of 1872. The defend.
mt can be iDjoined from violating the law. Il
Judgment reversed and Injunction per-
etuated.
No. 1894. Mrs. Elizabeth Adile Ducros Va,
Widow B Fleitns ct al. appellants-From L
tcond Judicial District. As Mrs Bodin h
lereiy claimed participation, the bond of :,
$50 to pay costs was sufficient 10 A, 3l5. u
ne was properly authorized by her hus- n
and. IO A, 1913 Motion to dismiss denied | d
No. 5723. Louisiana Savings Bank and :,
ate Deposit Company Vs. Cyrus Bussey, ',
opellant.-Tha special defense that the u
lares of the Mexican Gulf Ship Canal o.
Ompany, pledged to secure the note. were "
Id for less than their value is not sus- -
lined. The defendant requested plaintiff u
sell them. K. S.. 3l65, was modified by