New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-04

| thOUd, appelIaht.-From Second Judicial
District. Action for $50, 900 Plaintiff, after
| complaining of trespass OF mules of others
went to see defendant, justice of the
peace, on his invitation; was there abused
cursed, beaten, handcuffed, threatened with
| seventy-fye Iashes, stretched half an hour
on the grass with his hands tied BY defend.
ants field hands. The defendants acts were
not in his judicial capacity, but high hand
ed and disgraceful outrage not to be toll
Grated. The iury's damages of $500 Increased
to $500. and judgment affirmed
No. 1868 j. Faust, Brother & Co. vs.
Glynn & Wiutz, appellants.-From Seventh
District Court Judgment affirmed with
| ter per cent damages.
No. 1920. Hall. Washburn & Co., appel
liant, vs.. Z. M. Ivens g. Co-From Sixth
District Court After deducting commits
sions as agents, defendants owe plaintiffs d
balance. Toe reconventional demands are
| not OF the kind indicated in the contract
| The plaintiffs had the right to seque ster
their own property. No commissions can
be charged on the property unsold. Judg-
| meDJ reversed.
No. 5724 Elizabeth Marchal, appellant,
VS.. Harriet HOoker,-Frcm Fourth District
Court. The registry of the unsigned judg-
ment did not operate as a mortgage before
signing: 5 n. S. l05 Judgment annnlled.
No. 1896. Pierce Tissot VS.. Joseph JOuet,
appellant.-From Fourth District Court.
Reinstated on the docket that defendant 8
assignee IN bankruptcy be made party.
| No .573S Mrs. and Mr.. Delacroix vs. Mrs
| Z Z. Nash, appellalt.-From Fourth Dis
| trict Court. Case remanded and Judgment
| reversed.
! No 400. Mauria N. Bowman vs. CITY of
| New Orleans, appellant.-From Sixth Dis
trict Court. Camp Parapet being without
| the limits of New Orleans, she could not
| close the outlets of drainage and damage
plaintiffs farm. C. c.. 600. The proprietor
| below must pay damages for obstructing
| drainage; 10 L., 35I; c. c., 1915; A., 440;
| l. A., Is. Judgment affirmed
No 4ll5. Felix Formento VS.. j. N. Rob
| ert. appellan nJ.-From Fifth District Court.
| Judgment amended that plaintiff recover
| $4,000, the act of sale being annulied.
No. 45l2. +. Formento, appellant, vs. F.
j. Robert-From Fifth District Court.
The court did not err. Execution could
| not issue TIL the error condemning Joseph
N. instead of Francois J. Robert was cor
rected. Judgment affirmed.
BY JUSTICE MORGAN.
No. 5i23. D. s. j. D. Edwards, appellants
vs. Fairbanks & Gilman: c. Cavaroc VS..
w. P. Harper and the New Orleans Mutual
Insurance Company, intervenors and appel
lants.-From Fifth District Court. Judg-
ment amended to give privilege on the
seizure Of the refinery; exempting the prop
! erty purchased by the insurance company
from liability for the debt, and allowing its
Intervention. so far as that property is con
cerned, but dismiss1ng it as to the ma
chinery; and maintaining the intervention
OF Cavaroc 4 Son. Justice Wyly dissents.
No 1916. Robert n. Lewis VS.. J. B. Leto-
rey. appellant.-From Sixth District Court.
The plaintiff hired the press, received it
without objection, and there is no stipula-
fiCv, t,r dot RI ONT tpr I've,
ing down was the result Of careiessness on
the part of his employees. Judgment re,
versed.
Justice WHY dissents.
No. 3539 Dominick kOelmee VS.. New Or
leans, Mobile aud Chattanooga Railroad
Company, appellant.-From Seventh Dis
trict Court The Legislature having author
lied the placing of the track where it did,
in close proximity to plaintiffs dwelling,
the Judgment is reversed.
Justice WHY dissents.
No. 1893 Nicholson s. Co. VS.. Mrs. A. NJ.
Jennings, appellant.-From Fifth District
Court. Case remanded to determine the
question Of prescription.
No. 5305. Mrs. Virginia G. Burke vs.. Mrs
Clarissa Bishop. appellant, and Mary E.
Risley.-From Sixth District Court. Mrs.
Bishop was not authorized to stand in
Judgment. Elliot being dead when the
check was paid, it is claimed the succession
was protected by the Civil Code. 1885, 1888.
But he indOrsed it, handed 1t to Mrs. Risley,
and his property in it ended 1t was money
that he gave her. She should not return it.
Judgment reversed. CHIEF Justice Lude-
ling and Justice Taliaferro dissent.
No. T49. John Fitzpatrick VS.. city of
New Orleans, appellant.-From Superior
District Court. Some charges are not pro.
cesses but seem to be Included in the
salary. The judge had no power to certify
to what were not processes. Judgment
reduced from $9OS9 81 to $GBsS Al.
No. 4l0l. DR.. Samuel Chopin VS.. James
Wilson, appellant-From Sixth District
Court The court in this case is not au-
thorized to appoint a receiver. Judgment
reversed.
No. 1925. Mathilde Morrison, appellant,
VS.. Citizens Bank ct als.-From Sixth Dis
trcr Court. On rehearing former judgment
set aside. The proceedingslhad not become
final because the mortgage Was not properly
recorded c. c., 1878, and has no effect as
privilege, 3240, 324l. The tacit mortgage
attached on the day of purchase, 20 A, 79,
and was in force when the privilege ceased.
When the act Of sale was recorded it oper-
ated as a mortgage. Judgment reversed.
No. 1869 B ST. Mesure LeBreton, appellant,
VS.. 2. j. Kennedy Second Judicial
District. The act by Defendants employe
was not one for which he was responsible.
Judgment affirmed.
No. $500. William McCubbin, appellant,
vs. Samuel Hastings. Fourth District
Court. Damages for improperly compound
ing prescription, causing death when ad
ministered Defendant was responsible
for his employe, though net engaged by
him. .The demand was within the time, and
is the test, and not the allegations. The
certificate of death is no act OF the plaintiff
1t IS not necessary to show defendant
could have prevented the act. Competency
or incompetency or mistake is no defense.
The spirits of camphor in place of camphor
water did harm. The ply sician denounced
the mistake. and said but for it the patient
would have done well. The terrible fact
of death from the substitution destroys the
medical testimony that it was benefit.
Judgment reversed. Justice WHY dissents.
Superior District Court.
Union Baptist School and Church vs.
John Holmes.-Testimony ordered to be
taken by the clerk OF court as commissioner.
Alfred Marchand vs. city of New Orleans
and Louisiana National Bank.-Prayer for
Judgment on thirty nine coupons of the
bonds of the city OF Carrollton, amounting
to $llS 43.
Theo. Dumas vs. T. Hall and Christopher
alleges that manufactur
ing fine quality of seltz water he uses
syphonS 10 denver IL IN, marked With his
name and the quality of the water; that
defendants also manufacture seltz water
and nave obtained about $50 of plaintiffs
syphors and are selling theii water in them
that they are worth 81 each. and prays that
defendants be restrained from continuing
to use them, Injunction Issued On bond OF
$500.
Superior Criminal Court.
INFoRMATIoNs.
Carrying concealed weapons-Milton
White, John Develin, Joseph Formay
James Ward
Grand larceny-J F. Smith.
Breaking and entering store, etc
Frank Rivers John Murnbv