New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-23
COURT RECORD.
THURSDAY. JULY %, 1877.

TIE following opinions were rendered b.
the court Monday, July -. at Monroe:
BY CHIEF JUSTICE LCDELING.
State ex rel. j. E. Leonard ct al. "
Edward Jackson.-Appeal from Carroll
Ordered that the Judgment OF the iowel
court be annulled; that there be judgment
IN favor Of relator and against the defend
ant, decreeing NJ. A. Sweet to be the re
| corder of the parish Of Carroll, and that ht
be put into possession Immediately; reserv
ing the right to relator to recover the teei
and perqusites of said Office collected by
defendant and the damages resulting from
the wrongful acts of the defendant. in tax
ing possession of said Office.
Ably u Catchings vs.. j. II. Brigham
curator.-Appeal from Morehouee. Ordered
that the judgment of the lower court be
avoided and annulled, and that there be
judgment in favor Of plaintiffs and against
the defendant, j. Fl. Brigham, curator Of
Of the estate Of George s. Clark. fol-
$685. 46. with legal interes: from January
II. 1861. and the further sum Of S $3.50, with
legal interest from December l, 1860, to be
paid in due course of administration.
Succession of G. w. Rawls; opposition OF
b. S. Carr ct al, to tableau of debts.
Appeal from Webster. Judgment Of lower
court affirmed.
State of Louisiana vs.. ". J. Valiean.-
Appeal from East Feliciana. Appeal dis
missed.
State of Louisiana VS.. T. T. Ro.h.-Ap.
peal from Grant. Appeal dismissed.
from Morehouse. Ordered that the judg-
ment Of the lower court be annulled and
that the case be remanded to be tried in
accordance with the order Of this court.
Mrs. 5. 5. Tully VS.. Robert A. Eaulk. tu-
tor.-Appeal from Morehouse. Ordered
that the judgment of the lower court be
annulled; that there be Judgment in favor
of the defendant. rejecting plaintiffs de-
mand.
John Chaffe g. Brother vs. Chandler
Lewis, dministrator.-Appeal from Frank
lin. Ordered that the Judgment of the court
a gro be set aside, and that there be judg.
ment in favor of plaintiff for $500. with
eight per cent interest from December l,
1870, subject to the several credits, to be
paid in due course of administration.
Succession of Elizabeth Wansley; appli.
cation for sale by j. w. Wansley, and op-
position by j. w. Willis.-Appeal dismis.
sed.
G. w. Kimbrough VS.. Walker & Vaught
and r. B. TOdd.-Aupeal from Morehouse.
Ordered that the judgment Of the district
court be reversed; that there be judgment
Diminishing plaintiffs demand against Walk.
er &Vaught tor want OF jurisdiction Of the
lower court: that the case be remanded to
The court of the first instance 20 be pro-
ceeded with according to law against the
defendent. Robert 3. Todd. Justice WHY
dissenting.
The Mayor and Selectmen Of the town
of Homer VS.. T. S. Merratt.-Appeal from
Claiborne. Judgment of lower court at.
tirmed.
BY JUSTICE TALIAFERRO.
Succession of Everett Miller; final account
of James S. Ray, public administrator, and
opposition of Mrs. c. T. Mlller.-Appeal
from Ouachita. Ordered that the Judgment
of the parish court SO far as it rejects the
claims Of Christian Boyer and Caroline
Nestly and rejects the claim of fees for at
torney for absent heirs be affirmed. and in
all other respects that it be annulled,
avoided and reversed. Further ordered,
that the costs incurred in procuring the
administer the estate and all costs incurred
growing out of the contest for the admins
tratron be paid by the public administrator.
State of Louisiana vs.. Charles Green,
alias Henry Green:-Appeal from Ouachita.
Judgment affirmed.
j. P. Schultz vs.. J. Morgan. Chafe &
Brother, intervenors.-Appea! from Web
eter. Judgment affirmed.
Simon Marx vs.. Americanus Willis
u
N. j. Scott VS.. George Scott.-Appeal
from Claiborne. Ordered that the judg-
ment of the district court be annulled, and
that the suit be dismissed at PLAINTIFF cost.
Succession of H. 3. Herring; application
of l.. s. Elan for administration and opposi-
tion.-.Appeal from Franklin. Appeal dis
missed.
Walker l. vaught vs.. G. w. Kimbrough,
administrator, ct. al--Appeal from More
-
with costs.
Mrs. Annie Alexander and husband vs.
Ben Silbernagel ct al.-Appeal from More.
house. Ordered that the judgment appealed
from be annulled, avoided and reversed:
further ordered, that this suit be dismissed
at plaintiffs cost.
Mrs. Annie Alexander and husband vs..
J. G. FELTON, ct al-,Appeal from Morehouse.
Judgment affirmed.
r. M. Nelson vs.. Jere johnson, Hall &,
McIlwain garnishees.-Appeal from More
nulled, avoided and reversed. and that
plaintiffs claim be rejected.
BY JUSTICE WHY.
Alex Green ct al. vs. s. P. King. admins.
from Union. Judgment
affirmed.
Chaffe, Shea & Loye VS.. NJ. Rathbun.-
Appeal from Webster. Judgment in favor
Of defendant affirmed.
S. S. Heard vs. B. P. Patton.-Appealf from
Judgment affirmed.
Martha J. Sorrells vs.. j. M. Stamper-
Appeal from Ouachita. Judgment at.
firmed.
Spears, ministrator.-Appeal from Union.
Ordered that the judgment herein be set
aside, and it is decreed that plaintiff re-
cover of the defendant 1921 81, with legal
interest from judicial demand. ..
Il. w. Rayne vs.. w. L. Ditto.-Appeal
from Catahoula. Judgment affirmed
State ex rel. NJ. Marks, district attorney,
ct al. vs.. B. +. Yates-Appeal from St.
James. Ordered that the judgment herein
be annulled, and it is decreed that the in
junction herein be dissolved, and that the
defendant is entitled to the Office Of tax col
lector Of the parish of St. James, which
John Kerrigan unlawfully holds, and it is
ordered that he be indicted into office, and
that the said John Kerrigan be epjoined
and inhibited from interfering in any man
ner with the administration of said office.
Succession of Z. p. Overly, final &C.
count of w. Il. Vaughn. public administra-
tor, and opposition Of E. Duckworth.-Ap
peal from Morehouse. Ordered that the
Judgment homologating tho account herein
and rejecting the opposition OF Z. Duck
worth be annulled, and it is ordered that
this case be remanded for new trial.
E. D. Duckworth VS.. w. II. Vaughn, pub
lie administrator.-Appeal from More
house. Ordered that the judgment ap-
pealed from be annulled. and it is decreed
that the demand to annul the sale of the
ands described IN the petition be rejected;
ordered that plaintiff recover judgment
against the succession Of E. P. Obelly for
sIO5O, to DO paid in due course Of adminis-
ration.
Americanus Willis vs.. John and Charles
from Ouachita. Ordered
hat the Judgment appealed from be an