New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-18
COURT RECORD.
MONDAY, MAY II, 1875.

COURT RECORD.
MONDAY, MAY II, 1875.
Supreme Court.
Present-All the judges.
1t WAS announced that the court wOul
again read opinions on Friday, twenty tir
instant.
The following opinions were read:
BY CHIEF JUSTICE LUDELING.
No. 552l. Nicholas Berton ct al v
Charles Hicks ct al, appellants.
Thirteenth Judicial District. The motto
to dismiss appeal was too late. II A.. 2
Is A., 1871; l9 A., $780, 20 A., 80; u A., 3a9; |
A.. 5i5; n. s, 2l. The detect in the CO
tlficate Is the fault of the officer. r. s., 81
The deputy clerk may sign cert:ticate
g. p, 1872; 3 A., 247; Is La, 80. Plaintiff
claim that the election in Carroll paris
was void for irregularities and frauds. Th
exception of improper joinder of partie
was overruled.
Each party had the right. which wa
denied, OF challenging ten Jurors. r. 5
l429. If the atfidavits that the ballots an,
ballot boxes were tampered with be true
the result might have been proved by tn
next best evidence. There is no presumE
ton against defendants, who are entitled t.
the same evidence as plaintiffs. The refusa
to admit parol testimony did not iniur
defendants. The court receives all tn
testimony of the alleged irregularities, AM
concludes they were the result of ignorauc,
on the part OF officers, and did not in an,
manner affect the election. The mere posi-
ton of the ballot box does not affect thu
legality. II A., 366. The failure to compl,
with the directory clauses of the law viii
not annul an election. 9 A., 571; TO- 732
l3 A.. 80; act No. 90 Of 1873
Irregularities that do not affect the re
suit should be overlooked. II Barb, 2j7; s
N. s 81; Cooley Linn, 629: II A., IFS. The
plaintiffs do not allege they were elected OF
that the irregularities changed the result t.
If the ballots have not been preserved sc
as to be the best evidence of an election
they shonid not be admitted at all. Cooley
Linn, 625; IA Mich, 800. Judgment re-
versed and plaintiffs suit dismissed.
Justice Morgan dissents; Justice Wyly
with him.
No 437l. Edward Nalle VS.. F. NJ. Grant;
l. A. Vaughan, intervenor and appellant
From Sixth District Court. The defendant
residing in MorehOuse can not be sued. in
New Orleans. Judgment annulled.
No 1853. T. p. Leathers vs.. John w.
Cannon and Jesse X. Bell, appellants
From Fifth District Court. Cannon never
received more than his share of the money
and is not liable to plaintiff. Bells account
is correct, except tor commissions. The
attachment against his property was prop
erly issued, as that was the only way he
could be brought into court. Judgment
set aside, plaintiff to recover OF Bell
1874 81.
Justice WHY dissents, considering the
improperly issued under c. 2.
240, as Bell was only to be absent two years
and not permanently.
No. 4439. Nicholson & Co., in liquidation,
appellants, VS.. Citizens Bank.-From
Fourth District Court. The banks mort
gage of 1897 ON the property outranks the
plaintiffs privilege obtained in 1860. Privi-
leges are strict iuris and must be clearly
established. Plaintiffs acquiescence in
their Judgment on the note of Stinson lost
affirmed.
No. 55l2. George d. Pritchett, appellant,
vs.. Mechanics and Traders Insurance Com
pany ct al.-From Superior District Court.
The money should be paid to Mrs. Lane,
5he lessor, out OF whose rents the premiums
we're deducted. The lessee could not direct
the insurance nancy to be paid to his own
,reditor; ! A., go. Judgment affirmed.
No. $3.50 State OF Louisiana ex rel. P. s.
|Niltz vs.. Charles Clinton, Auditor, appel
ant.-From Superior District Court The
Orty deeds when one person buys tract Of
900 acres. Judgment set aside, the Audi
or to warrant for S3lG
No. 556l. Succession of Joseph Ricard.-
from parish of Lafourche. Judgment an
ulled and plaintiff recognized as heir of
Oseph Ricard and heir at law Of Charles
licard.
No. 5754. Succession of John O'Loghlen-
he widow and two sons claim $1,000 under
;. c.. 1852. In addition to proof that the
ons have no property, it should have been
hown the widow had less than $1,000.
Judgment reversed, demand rejected and
ublic administrator accounts homolo-
ated.
No. ABB Mrs. Sylvanie Casters, execu-
'ix, ct al. VS. Francois Lacroix. appellant
rom Fifth District Court. Judgment for
srvices rendered reduced to 1854 and
tfirmed.
No. 1904. NJ Musson L. Co., appellants,
9. A. Foster Elliott.-FrOm Seventh Dis
'ict Court. Original evidence can not be
,ceived in this court, and the record does |
Dt show defendant was vice consul of |
razil and not subject to the jurisdiction of |
lis court. Motion to dismiss denied.
No. 574S. j. Rodriguez, appellant, VS.. |
arlos Pie.-On rule of plaintiffs attorney, |
no was employed on contingent fee and
smssed, the succeeding attorney discon-
nuing the suit. We are at loss to know
hat right An attorney can have to prevent
S principal from dismissing the suit. A
aintitf surely can not be compelled to
5igate his suit against his will by any one,
uch less by his attorney. If fee be due,
s right can not be destroyed by discon.
,uing the suit. Appeal dismissed.
BY JUSTICE TALIAFERRO.
No. SAB Frank +. Case. receiver, appel
Mt, VS.. II. w. Kloppenburg ct al-From
xth District Court On opposition of
se,,hine Lenes, lessor, claiming no prop
ty can be seized or removed till the rent
paid. c. C. 2705, 32lS The lessons right
secured by more than privilege. ) A.
,her. G G. 3256. The lessons privilege
not Incompatible with that of other
'ditors to pursue the property. C. C.
8. The right of detention gives greater
,urity, but the thing must be sold accord
to law Rob 35; + N. s., GA; MS.
); IA A., l04, $50. The injunction was
gally issued. Plaintiffs remedy is by
rd opposition. Judgment reversed, with
per cent damages against Josephine
nnes.
ustice Howell read concurring opinion.
,tice Morgan agreeing. Chief Justice
deliDg dissents, Justice WHY concurring
h him.
10. 4469. Peter Markey, appellant, vs.
20. f. Kendall ct al.-FrOm Fifth Dis
,t Court. Judgment amended to $l0S0 53,
lumber furnished, with lien on build .
9.
70. 5747. John S. Collins, appellant, vs..
p. Harper ct al-From Sixth District |
:rt. The record is replete with evidences
! simulated sale. Pending the suit for I
aages OF Slemmer against Herman. the
.adant transferred $25, 600 OF property s
sla:nriff, who epjolns its sale under sejz-
and told Slemmer's attorney he would
er get cent. Collins cross examination
ws the improbability of his being able to a
chase such property. and his subterfuges e
nd the transaction as bald stimulation.
gment amended by decreeing plaintiff to 8
twenty per cent additional damages on t
judgment OF $4,000 erjoined, and ten per t