New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-04
appellant.-From Sixth District Court

| appellant ys. Robert MOrrls.-trOm FIfLt
Judicial District. The claim against the
defendant, for uncollected taxes, which
plaintiff j. now collecting, is unfounded in
equity and law. He is bound to return the
amount he did receive in currency and not
in warrants. Verdict of the jury set aside
and judgment for plaintiff for s2O95 s..
No. 1907. City of New Orleans. appellant,
VS.. New Orleans, Mobile and Chattanooga
railrOad.-From Fourth District Court
The resolution of the General Assembly ex.
empting defendants from wharfage dues is
A., 1876: the public servitude is under the con.
troll OF the General Assembly: G. &. 453, 455,
45S; and it could grant the right; ) A. 66l;
L. A.. 81; % A., 54j; N. Y, 522: 26 N. Y.
2S7; l Black /. 1t was not donation OF
revenues. Judgment affirmed.
| No. 56lS Charles McAlster, appellant,
VS.. r. X. Anderson.-From Thirteenth
the property at the tax sale for taxes due
for 1871, freed from the taxes OF 1872.
| Judgment affirmed.
| Justice WHY dissents.
| No. 1890 Aimee Jumoville va. A. jackson
Sharp, appellant Fourth Judicial District.
| The appearance of the husband authorized
the snit. 1t is necessary to protect him;
has preferences: 20 A. 70. Judgment
amended that defendant pay $1,000 60.
| BY JUSTICE TALIAFERRo.
No 57l3 D. C. McCan & Son VS.. L. +.
Jacks ct al, appellants.-From Fifth Dis
trict Court. On promissory note. Judg-
| ment affirmed.
No. 1866. Randolph, Singleton d Browne
VS.. Joseph III. Carroll, appellant.-From
| Eighth District Court. The court in estim-
| ating the value of professional services will
| be guided by conscientious estimate and
! of itself fix the amount. The Judgment is
| amended from 5000 10 $780, Justice Nor
! gan dissents.
No. 1851. Laurent Julien VS.. owners
Wade Hampton, appellants.-From Sixth
District Court. Damages for injuries re-
| ceived while passenger. On the ground
| that common carriers are bound to carry
| their passengers safely; Angell, on Carriers.
| 56S; Green. Ev. 22l: and that captain and
owners are responsible for employees acts,
| ID A. 32l: IS L. 400; , A. 654; Ii A. 1896;
| IA How. 468 Judgment is affirmed
No. 50l5. City of New Orleans vs.. New
| Orleans Mechanics Society, appellant
From Superior District Court. The prop
erty is not exempt from taxation. The
Mechanics Institute has not been used for
| the purposes described in the act Of March
81, 1850. There is no contract between the
State and the corporators. Injunction
against tax collection dissolved, otherwise
Judgment affirmed.
No. 53l2. Miss II. II. Todd VS.. John
Bourke ct ais, appellants,-From Fourth
District Court. On the purchase of a note
purporting TO be defendants, but forged,
the Judgment being against the brokers who
recommended the purchase. If the plain
tiif's and two disinterested witnesses testi-
mOnv is to be believed the brokers, Car
penter & Van Solingen. urged her to
purchase. More reliance is to be placed on
that than that of the brokers who were en-
gagged in many similar transactions, because
they were absorbed in this single subject.
The brokers evinced an unusual desire that
the purchase should be made. Judgment
for $l2 600 affirmed.
No. J736 State ex rel Mississippi and
Mexican Gulf Ship Canal Company, ap-
pellants. j. q. A. Fellows, intervenor.-
The intervenor should have given bond,
and the appeal as to him is dismissed.
No. 1895 A. Roos & Co. vs. Merchants
Mutual Insurance Company, appellants
From Seventh District Court. Defense on
the ground of double insurance without
notice. 1t is not tenable, as plaintiffs had
an insurable interest in supplying Marks
with goods. The other Insurance was in
the interest of different party. Judgment
affirmed. Justices Howell and Morgan
dissent BY ,rsr,c{ HOWELL.
Ne. 3947. George E. Wilkinson et al. VS..
Joseph Dalfres, appellant.-From Seventh
District Court. Plaintiff authorities show
the responsibility of owners as common
carriers. This is an action by owners
against their lessee. c. c., 27l0. The de-
tendant did not violate the obligation. The
charterer is not held to be an owner in a
contest with the actual owners. Judgment
reversed.
No 4OS9 Nisoda Stewart, appellant, vs.
" NJ Kilmartip OF al Tho hrokar EOau
the lessor was a married woman. judgment
affirmed.
No. 567l. In re succession of Treville
Daigle.-From parish of Baton Rouge.
Judgment reversed, and Edward Cousinard
appointed to administer the succession.
No. 4l05. Clement Camp VS.. Metropolitan
Loan and Savings Bank.-From Fourth Dis
trict Court There was no provision for plain
ttf7s compensation. Judgment reversed.
No. 5733. F. S. Serrill VS.. city of New
Orleans, ppellant-From Superior District
Court. The city is not bound by the action
of clerk who did not know an appeal had
been taken. Motion to dismiss denied.
No. 4il2 Jacob Denny. appellant, VS..
Henry Smons.-From Fifth District Court.
There was a total failure by the defendant
to deliver the articles, but the action of the
military power relieved him from response
bility. Judgment reversed, and plaintiff to
recover the $50, 900 paid by him.
No. 439S Odile Saux ct al. vs. Nicholas
Betz, appellant.-From Second Judicial
District. The proper steps against the
principal were not taken before pursuing
the surety. Judgment reversed.
No. 44ls. Luther NJ. Morressett vs. Will
liam f. Mason. appellaut.-From Second
Judicial District. Judgment affirmed.
No. 5656. John j. Gardner VS.. L. w.
Aversion ct al, executors and appellants
Judgment reversed.
No. 5356 Citizens Bank, appellant, VS..
St. Louis Hotel Associaton.-From Supe
rior District Court. The privilege of the
contractor did not have preference over
mortgages in force. c. C., 1874; Gaylor VS..
Bovard, Opinion Book, p. Al. Judgment |
reversed and intervenor's demand rejected.
No. 5576. New Orleans, Mobile and Chat |
tanooga Railroad Company VS.. Thomas S.
Dugan; William S. Harris, surety on appeal |
bond, appellant-Judgment affirmed.
No. 5742. Temple S. Coons. appellant, VS..
Joseph F. Kendall.-From Fifth District
Court. Judgment affirmed.
No. 5592. Peet, Yale Il Bowling, appel |
lants, VS.. j. J. Mcdaniel & Co.-From
Sixth District Court. The proceeding is
premature because the liability for damage |
IS not ascertained. Judgment affirmed.
BY JUSTICE wYLf.
No. $40. Louisiana National Bank VS.. |
city OF New Orleans, John hleln ana |
Thomas Tails, intervenors and appellants. |
From Superior District Court.-Metropol- |
itan Police warrants are receivable for |
licenses under act No. 33 of 1874, aud act |
No. A of 1869 and SO specify on their faces. |
The plaintiff creditor taxpayer has no |
more right than any one else to rush into !
court for an injunction. If all did SO the |
law could not be administered. The plain
tiff has no interest and no injunction should |
have issued preiudicing intervenors. Judg !
lDent reversed and injunction dissolved.
No. 5129. State Of Louisiana, ex rel. Ed
ward Liable, appellant, VS.. Administrator of |
Finance.-From Superior District Court
The warrants were issued under act No. IL