New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-23
COURT RECORD.
MONDAY, MARCH q, 1875.
UpIted States Circuit Court,

| Present - Hon. w. b. WOODS, circuit
judge.
Henry Jackson ct sl. vs. Vicksburg,
Shreveport and Texas Railroad Company
John T. Ludeling ct al.-The order OF the
Supreme Court reversing the decree of the
Circuit C0nrt declaring the sale to Lude-
ling ct ais to be fraudulent and void, order.
ing the district court to take an account
and the defendants to account tor proceeds,
ordered entered on the minutes. Ordered
| that the decree of the Supreme Court be
| made part of the decree OF this court: that
| the Injunction issue and the deed Of sale be
Cancelled; that f. A Wolfey, Esq.. be
| appointed special master to receive the
deed and make sn account of bonds, etc.
and that John w. Greene be appointed
| receiver.
! Supreme Court.
Present-Chief Justice Ludeling and JUS
tees TaliaferrO, Howell, Wyly and Morgan.
The following decisions y ere rendered:
REHEAgINGs REFUSED.
No. 1919. Succession of Hampton Elliott
No. 1850 Louis Stern & Brothers ys. G.
C. Packard.
No. 53l9. Payne, Damoron 4 Co. vs..
Eaton & Bornston.
BY JUSTICE TALIAFERRO.
No. 40S5. j. w. Banning VS.. K. Bleakley
& Co., appellants Sixth District
Court Plaintiff claims defendants con-
! verted to their own use d consignment
worth $ll38 80. Defense, discharge in
bankruptcy. A factor is bot within the
bankrupt law of 1912 a tiduciary agent.
Chapman vs. Forsyth, 9 How. 202. Tie
| thirty third section of the act of 1867 is
substantially the same. That a discharge
in bankruptcy did not discharge q tidnciary
debt of a cOnsigEee. See Lansing, lJ5;
| SO Barb, 1901. The Legislature appears to
have 40 considered factors, agents and bro
kers; IA John, 3l6; Selden, So, l0l; l6 N. Y,
1872, 4Ol; "a N. Y, 4l3; AZ Mo-, 3S7; in re
| kimball, 6 Biatch., 292. They are within
the meaning Of the law as acting in a fidu
ciary capacity AID not relieved bv q DIS
charge iD bankruptcy. Judgment affirmed
| No 5606. Thomas Bicher ct al. Vs. Pascal
Sarthon, appelant-From Fourth District
Court OF Orleans. The unconventional de-
mand is fictitious. Appeal dismissed.
No. 549l. Alfred Rousseau vs.. Bertrand
Abadie, appellant.-From Sixth District
Court Of Orleans. Motion to dismiss over
| ruled.
No. 56l2 Isaac F. Riley vs. Heirs of Mrs
| E. NJ. Riley, appelants.-From Fifth Dis
| trics Court. Judgment affirmed. Judge
| Howell being reused.
No. $500. Lacey & Butler VS.. Mrs. j. H.
Gardanne. appellant.-From Sixth District
Court OF Orleans. Judgment affirmed with
| ten per cent damages.
NO. Offc SuCcesSiou Oh OeprSo anu iran
els Ciark.-frOm Second District Court Of
Orleans. Judgment affirmed.
No. 55Sl Mrs. Z. ID. Sample vs. v. Barns
& Co., experimentation Fifteenth Dis
trict. On balance Of rent of plantation.
Judgment affirmed.
No. 5632 Christopher Hunt vs. John
Mayo, appeilant>-From Ninth District.
The exception that the jury was drawn by
the parish Judge, clerk aud sheriff. and also
fhx.r l.. .v1yif1 VvArr
affirmed.
No. 567s. Charles f. Alter, appellant, vs.
James McCuiien.-From Fifth District.
The citation was null, Richard Nngent being
adjudged bankrupt. Kennedy vs. Rust,
25 A., 554
No 5655. Mrs. NJ. f. Halsey vs. P. s.
Sandridge ct al, experimentation Fifth
deposited by her husband, CO defendant,
as security for his debt. Judgment an
nulied and snit dis missed.
No. 3433. James NJ. Cass vs. New Orleans
Times, appellant.-From Seventh District
Court. On rehearing former decree re-
affirmed.
BY JUSTICE HOWELL.
No. 44Ol. Thomas NJ. Gill VS.. A. A. Atocha
at al, appellant.-FroIa Sixth District
Court. The form of appeal by written mo-
tiUn in vacation, asking a citation of ap.
pelee should not be encouraged but is not
such a departure from the law as to de-
prive appellants of their right to appeal.
Motion to dismiss Overrulod.
No. 5555 State Of Louisiana va. H. II.
Willers, appellant.-From Fourth District.
Judgment of fine OF $3.50 for libel affirmed.
No. 4G65. Union National Bank vs. William
II. Cooley and ID. G. Labatt, appellants
From Sixth District Court of Orleans. On
rehearing. Judgment against d. c. Labatt
reversed.
No. 555l. O. Theriot. appellant, vs.. C.
Lyons, sheriff. From Fifteenth District.
Injunction perpetuated, the sale being
valid, and Judgment reversed.
No. 1898. Mary Malady We. William
Malady ct al, appellant.-From Fourth
Dongall reserved and amended Judgment
affirmed.
No. 5633. Thomas H. Hunt vs. Mrs. A. %.
Graves. appellant.-From Thirteenth Dis
trict. Judgment for rent reversed; other
wise aft ,mtd.
No. 5634 Isaacson, Seixas & Go. Vs.
Julius K. Wilson, appeilant-From Sixth
District. Judgment affirmed, with ten per
cent damages.
No. 5G43. James Phillips vs. John r.
Smart ct al, appellants.-From Ninth Dis
trict. Judgment on three prOmissOry notes
affirmed.
No. 5642 Same Va. same.--Judgment af- |
friced.
No. $780, Mrs D. C. Lane vs. Joshua G.
Clark and heirs OF Lane, appellants.--From |
Thirteenth District. Morton to dismiss |
overruled. Issue was formed before the !
specified delay after citation. There was |
no default. 20 A., 2J7. Judgment reversed. |
No. 1923 Mrs. NJ. M-lvey VS.. II. Bird, !
appelant.-From Fifth District Court of |
Orlears.-On rebearing judgment amend
ed to allow interest from April l, 1868, in |
T. 4
No. $3.50. Mrs. j. Armstrong vs.. estate Of |
Eugene Phillips, appeilant.-From the Sec |
ond District Court of Orleans. On rehear- !
ing 1t appearing that an order of appeal /
was granted and the other grounds of appeal |
not being good the former decree is set |
aside and the motion to dismiss appeal
Oyerruied.
No. sos. State ex rel. John Coleman vs.,
Judge of Sixth District Court.-The fac5 |
both condemned to pay the same debt is
not sufficient to set aside the appeal. Writ
BY JUSTICE wYLY.
No. 5562. Mrs. Amelia Simoneaux vs.. Mrs.
John A. Sigur, appe'lant-FrOm Fifteenth
District. The plaintiff had the right to
manage her plantation and appoint her hus
band agent . a.. 800; IA A., 68; II L.. 426
The seizure was On her plantation and her
.ePbiate pIoptEty. JuuSNcuo auTul'u
No. 5j35. New Orleans Credit FOncier
Association VS.. F. A. Desforges, appellant
From Sixth District Court oi Orleans.
Judgment affirmed with ten per cent
damages.
No. 56S9. Harriet G Adams vs. Edward
Adams, John Cha tie & Co, third opponents
and appeIants.-From Fifth District.
Judgment affirmed.
No. $3.50. Charles E. Alter, appellant, We.
J. o. Nelson.-FrOm Sixth District Court Of
Orleans. The discharge in bankruptcy re-
eased the defendant from paving the iudg-