New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-06
COURT RECORD.
MONDAY, APRIL S, 1875.

MONDAY, APRIL S, 1875.
supreme Court.
The following decisions were rendered.
| REHEARINGs GRANTED.
No. 56l3. Isaac f. Riley vs.. j. o. Howell
No. 5662. j. o. Howell vs.. sheriff ct al.
No. 5444 Milton Benner VS.. w. Van
NOrden.
| REHEARINGs REFUSED.
| No. 537l. Succession Of John Trainor.
No. 1927. Joseph Stafford VS.. Mayor Of
| New Orleans.
No. $685. City of New Orleans vs. Joseph
| Stafford.
No. 543l. Henry Samory vs.. Widow S.
McMOntgOmery.
No. 56Os. Emile Drog VS.. parish of East
| Baton Rouge
| No. $500. Louis Mestier vs. j. B. Terrail
No $50. William H. johnson vs.. Canal
| and Claiborne Street Railroad Company.
No. 1855. E. w. Burbank We. C. A. Con
) rad.
No. 1854. Edward j. Gay va. Eaton &
Barstow.
BY CHIEF JUSTICE LUDELING.
No. 5579. Alexander Levette vs. John
CarrOne, appellant.-From Fifteenth Dis
trict. Petitory action for two lots of
ground. There was not a registry as ere.
ated mortgage. % A., 1872; A., 97.
There was no seizure. Judgment reversed.
No. 4O79. Henry Bidwell, appellant, vs..
| Charles CavarOc and Bank Of New Or
leans.-Frora Eighth District Court. The
filing of a general denial changed the action
to q petitOry from one for Islander of title.
The bank has failed to prove title, and
| the plaintiff has acquired ono by prescrip-
| ton. Judgement reversed.
No. 564S. Mrs. A. NJ. Barrow, appellant,
VS.. James H. Stevens.-From Seventh Dis.
| trict. The plantation was not community
property by the marriage contract, and the
cotton seized not the properly OF plaintiffs
| husband. Civil Code 242l. Judgment re-
versed, and injunction made perpetual.
No. 1854. WitherspOon, Moss & Co. vs. C.
| X. MOulton l. Co.; T. & S. Henderson &
| Co., garnishees and appellants. Sixth
District Court. 1t does not appear the gar
nishees knew the cotton belonged to de-
PENDANTS. Judgment reversed.
No. SOFA. Charles Hoffman vs.. j. o.
Howell and Isaac F. Riley. appellants
From Fifth District. Case remanded. JUS
tice Howell Reused.
No. 562l. Succession of Stephen Duncan
Linton.-From the parish of Rapides. Lin
ton dying in France. his succession was
properly opened in Rapides, where only
real estate was situated; c. C. 935. The
heirs had no right to possession till the
administration was closed C. P. 976; 2 L.,
299; La, 2l2; 3 A., SOP; 10 A, 293; 81 A.,
1854; 7R AZ: 10 r., 457; II r., 1888. Judg-
ment affirmed.
No. 5000 Succession of Francois Pous-
sin.-From the parish of Rapides. Judg-
ment affirmed.
No. 5654. L. De Poret va. A. L. Gusman,
appellaut.--From Fifth District. The ap-
peal was improvidently granted, as the
attachment did not work an irreparable
injury; c. P. sec. Appeal dismissed.
No. SOP. Nicholas Schmidt, appellant,
vs.. Joseph Rair.-From Second District
Court. The record being incomplete, the
appeal is dismissed.
No. SOL. +. c. Hesler, appellant, va. Car
rollton Insurance COmpany.-FrOm Second
District Court. Appeal dismissed tor in
complete transcript.
No. 52ll. Citizens Bank of Louisiana VS..
Louis Muh, 'appellant.-From Superior Dis
trict Court. Judgment affirmed:
No 1869. Busy g. Co. Tvs. j. A. Rothschild,
appellant-From Thirteenth Judicial Dis
trict. On promissory note. Judgment
affirmed.
No. 1929 Succession of Walter VIM
John s. Mayf appellant. From the
parish of Rapides. Mayfeld's note having
been acknowledged in 1865, they were
prescribed when the suit was brought in
1873 Judgment affirmed.
No. 1890 Hall, Washburn & Co., appel
trict Court. Motion to dismiss appeal over
ruled.
No. 1878. Patrick Halpin vs.. John L.
Baringer. B. j. West, specialization
the Eighth District Court. The lease had
terminated and the property purchased by
West who had notified Halpin. Judgment
reversed and West decreed the owner and
setting the seizure aside.
BY JUSTICE TALIAFERRO.
M h22f Tohu Ehoatonf Va nr Tnoonh
Elliott, appellant.-FrOm Fifth District
Court of Orleans. The domicile of the de-
fendant being the test of the validity of
the sale of mules by Elliott, it is not i'm
pOrtant to inquire into the regularity of the
proceedings at Iberville. The note is shown
to be OF no value. The indOrser was in
solvent. Judgment reversed, the defendant
being entitled to the mules
No. 500. Barbara Asher, appellant. vs..
Samuel Levy.-From Second District Court
of Orleans. The preponderance OF the
conflicting evidence is in favor of defendant.
No. 1862. Emily j. Robertson Va. C. 5.
Sauvinet, appellant.-From Eighth District
Court. On review the sequestratiOn in
the sheritf's hands seems to have been un
necessary. The plea of lis penden was we'll
founded. Former deere maintained.
No. 5343. State of Louisiana VS.. William
Evans, appellant-FrOm Tenth District -
On sentence Of imprisonment for life. The
certificate of coroner to jurors signatures
who make their mark is sufficient.
No. 56S7. In re estate of James n.
Brown. Opposition to executors accOunts.-
From parish of Iberville. After an order
the accounts, Isaac d. Brown
filed another opposition. The exception to
this was we'll taken. 23 A 52S; 20 A. 359;
affirmed
BY JUSTICE wYLY.
No 5439. Mrs E. Leblanc, appellant, vs.
succession of Charles Massieu.-FrOm Sec
ond District Court. The plaintiff may pro
coed by rule. X. s., 81; A., 523; 70 A., 544
The court had jurisdiction. Il. s., 3679. The
rule is not premature. A., 122; 10 A., 2S4,
544; IL A., IS, OIL; 20 A., 5l2; 25 A., l25. The
Judgment was for specific sum. and bond
was required exceeding by onehalf the
amount to obtain suspensive appeal c. p.
SIS. So 577. The case is different from
Blanchin vs.. steamer Fashion. 10 A., 345;
and Hickey VS. jndge of the Fourth District |
Court. 20 A.. 1913. Judgment annulled.
No. 4329.SJ. V. A. Dain, appellant, VS.. |
Jean Cadillon. - From Seventh District |
Court. Judgment reversed and annulled
and judgment fer plaintiff for $3.50, with |
five per cent interest thereon from judicial |
demand and all costs.
No. 56l6 Succession of Francois POussin |
Is. C. Poussin enthusiastically Parish |
Court of Rapides. Judgment herein an
nulled, proceedings set aside and petition |
at the costs of appellees in both |
courts. |
No. 1907. r: X. Calender VS.. Galsan |
Brothers. observation-disclosures reversed. |
Interyenors herein recognized as the proper |
owners of the proceeds of note eued upon.
Plaintiffs claim dismissed with all costs.
No, 5000. Succession of Milton Taylor
From Second District Court of Orleans. On
petition of ThOrp, administrator. OF Mason
county, Kentucky, and opposition to &C.