New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-02
COURT RECORD.
MONDAY, MARCH ], 1875.
Supreme Court.

8, 1875
Inc following opinions were read;
BY JUSTICE TALIAFERRo.
No. j65l. w. Bodine Keene Va. George
Gruer, appellant.-From Thirteenth Dis
trlct. Injunction on sale of property.
Where the mother and natural turk con-
tracts second marriage, and there is no
family meeting, she ceases to be tutrix
and there is a mortgage in favor of the
minors; Thach VS.. jackson, 81 A., 737, G..
Z. 1916. Case remanded to tx the date of
liability.
No $3.50 Louis Mestier, appellant, vs. j.
Is. Terrail.-From Fourth District. Judg.
ment affirmed.
No. 55l6. P. II. DesfOrges, appellant. VS..
the New Orleans Credit Foncier Assoeia-
ton ct al.-Judgment affirmed.
No. 563l. Christian Baden vs.. }. 3.
Reeves, executor. appellant, ct al.-From
Ninth District. Judgmen affirmed.
No. 5649. Succession of Mary G. Cole
man. deceased; opposition of l. W. Arthur
Court Of West Feliciana. Judgment at
tirmed.
No 1913. Mrs. S. S. Bell, appellant, VS..
succession of Conant.-From Fourth Dis.
trict. The compromise is binding. Raybuln
VS.. Pierson, % A, GO.
BY JUSTICE HOWELL.
No. 5l05. Mrs. Amanda l.. Ransdell VS..
Henry NJ. Robinson and A. Heyman & Co.,
experimentation Ninth District. Judg-
ment reduced from $Il40 to $l075, and
affirmed as amended, appellee paying costs
of appeal.
No. 566l. Police jury of Pointe Coupee,
appellants, vs.. A. l.. Mahondean ct al
From Seventh District. Judgment reversed
lad ~. l,4 Id
according to law, appellees paying cost of
appeal.
No 5G57. Shryock & Rowland We. C. Nj.
Pitcher, appellant From Thirteenth Dis
trict. Judgment affirmed, with ten per
cent damages and costa.
No. Job Lapene & Ferre, appellants,
VS.. A. j. Delaporte, administrator, ct al
Judgment affirmed.
No. $3.50. L. J. Gay & Co., appellant, vs..
Il. ID. Borard, j. A. Holmes, third opponent.
Judgment affirmed.
No. 5Gll. Isabella Ann Fluker, appellant,
VS.. Harriet Herbert.-From Fifth District.
Petitry action to recover land purchased
at probate sale, now held under pretended
sale by former owner to defendant. Parol
evidence can not supply defects in court
record. State VS.. Smith, II A., 347. There
is no ambiguity in the Judgment, which is
affirmed.
ANO cJo~. hSlh . CA lCI. l.. u. Gay vs.. tE0
Judge OF the Fifth Judicial District.-Writ
OF nandamus and prohibition refused at
REALTORS costs.
No. 1898. State ex rel. Z. j. Gay vs. the
Judge of the Fifth Judicial Dlstrict-Rule
dismissed.
BY JUSTICE wYLT.
No. 1924. New Orleans Canal and Bank
ing Co. VS.. the Recorder ct al, appellants.-
From Seventh District. In controversies
between citizens of different States, where
tho jurisdiction of the courts of the United
States depends upon the citizenship of the
parties, if there are several coplainti1fs,
each plaintiff must be competent to sue; and
if there are several cOdefendants, each de-
fendant must be liable to be sued in those
courts, or the jurisdiction can not be enter
tanned. II Wallace, Ia. The same doc
trine has been maintained in Is Wallace,
553; 3 81. G. c., 81; 4 w. G. c., 2S6; Mel,
1863; 81. G. c., l05. Defendant herein was
a necessary party to the suit, and was not
suable in the United States Circuit Court.
Br ghtley's Federal Digest, vol. |, page 1876,
sections 1872 and 1913. Defendant de Boigue)
herein was not competent to sue in the
United States Circuit Court on the note and
set up by him, because his trans
ferrer, the payee thereof was citizen Of
this State, and had no such right. Is Pet.
BIZ: Story, Laws, 53; CIR, 46; H., 2li: Is
H., 1873; Mel, IA; Brightley's Digest, vol.
?, page 30, sec. %.
When the property of one against whom
Judgment has been rendered appears to be
subject to privileges or mortgages entitled |
to preference over the judgment creditor,
,he latter may by rule to show cause, as
Incidental to the proceedings had for the |
purpose Of selling the property, call upon
hose claiming such privileges or mortgages |
% show cause why they should not be |
Erased; and the selling creditor cannot be |
'equired to resort to a direct action against I
persons holding such mortgages and privi- |!
eyes. Larthel vs.. Hogan ct al, $50; > A., |
il9; ID A.. 33I; q A., 256 Revised Code, arti. !
lies 1879. 3lGG. Judgment affirmed
No. 56Gl. A. 4. Knox vs.. Mrs. Julia |
Harris, appellant.-From Fifth District. |
Judgment affirmed, with ten per cent dam
Iges for frivolous appeal.
No. 5l69. Succession of James W. Hadnot. |
From Fourth District. Appeal dismissed |
IS not fled in time.
No. $685. Samuel s. Tilden. appellant, VS..
Catherine Haine-From the Fifth District.
n 1861 the property of G. 2. Janet was
old for $500 Confederate money to de-
endant. In 1866 plaintiff receipted for its
stilnated value $3.50. She now sues to re-
over the property. The contract was an
xcuted judicial act, protected by the con-
ttution of 1868, article 149; % A., 6lO,
Ii; 81 A., ia, $40. The plaintiff ratified
he sale by receiving $3.50. She can not
ave both. Judgment affirmed.
No 563j. Joseph Moore vs.. Mrs. Sallle Pope
nd husband, Willis }. Pope intervenor,
the Thirteenth District.
Judgment annulled so far as it relates to
he intervenor. Decreed that the intervenOr
ecover from the sheriff the proceeds OF the
ale of the property attached, which prop
rty is decreed the intervenor's. Further
ecreed that the intervenOr, Willis j. Pope,
ave Judgment against the plaintiff for $500
amages and costs of both courts.
No sob. Isaac F. Riley VS.. j. o. Howell.
ppelant-From Fifth District. The
curt has jurisdiction where principal and
emand constitute the matter in dispute
nd ia over $500. - A. III. %; II A. 81; 10
. l7O: A. 100: .. A. 793, Oil; 5 Il. 90; |
. p: II l.. l5G; n. S. 1873. The appeal
as taken in time % A. 2l2; - A. so. On
le merits the court below was without
lrisdiction. Judgment annulled.
No. 56Sl keitt'er Brothers, appellants, vs..
aac Stam-From Fifth District. The
ortgage is invalid for want of description.
he cases of the Association of Planters VS..
ason, "A A. 5lS; National Bank VS.. Bar
wv. 81 A. 1886; Ellis VS.. Sims, A. 253, and
aker We. Bank of Louisiana, , A. 81, do
1T support defendant, who is enjOined to
~ plaintiff the part retained by him to
" the mortgage. Judgment annulled.
No. 1857. Bank OF America VS.. Septime
ortier third opposition of E. j. Gay & !!
o.. and Citizens Bank, appellant.-From
ourth District. Controversy for $4,000
lance after paying plaintiffs mortgage
1e appeal bond was given at the proper
ne, and there was no abandonment. The
eritf has no interest. 90 A. 2S5; | A. 205;
A. 232; ) A. Cos: II A. 1856. The Citizens I
anl's conventional mortgage ranks next
plaintiffs claim. Gay has no preference
r supplies, as his claim was not recorded.
INST. La l23: G. G. 23l7, 321 3, 32I4; Foley :
Hogan % A 2Sti: MarmllliOn vs.. Archie !