New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-20
COURT RECORD.
SATURDAY, FEBRUARY 10, 1875.
United States Circuit Court.


Present = lion. W. Il. Woods, circuit
| Judge
United States vs. Ferdinand Dudenbe fer -
classification of the books with intent to de-
fraud the Germanis National Bank. Plea
Of not guilty and bond given.
Superior District Cours.
Judge Lynch. of the Fourth District
Court opened and closed court.
Judge Hawkins hopes to be sufficiently
recovered by Monday to be able to open
court.
Stem Railroad Company Petitioner al
leges tbs defendant. originally known as
the Louisiana Central Stem of the Missis-
sippi and Pacific Railroad Company. ipco--
porated by act No. l6S of March 90. 1856;
amended by act No 800 of March II. 1889
by act No. 2i2 of March Is 1860; and by act
No. % of September 10. 1868: by ameoting
of directors. July /, 1873, employed him
as attorney at $500 per annum;
that he has performed biz work;
that w. +. Latham the president is an 30
sentee, with no prospect Of coming back
that there is no vice president or secretary;
that curator is necessary; that IL. I.
Hays and J. o. Perkins ara the only re
naming directors, and are the executive
committee. and prays for Judgment for
$3.50, with $l25 per month till paid.
First District Court.
INFoRMATIoSs.
Assault. and battery-Gecrao rietz. ST.
aud Jr., John Casper. George Smith, II; i lel
Herrera, Tom Pittim IL. John Dolahue.
Petty larceDy--Sam Brown.
NoLLE PRosEoU1 ENTERED
j. B. and Mrs, Dalume, Mary Montague,
Marceline Carr, of entering dwelling
house, etc, and larceny.
Fifth District Cour..
Judge Cullom rendered the following
opinion:
Joseph A. Brown Va his crel;tors.-On
the eighteenth day Of November, 1874.
obtained two Judgments against Joseph
A. Brown, in suits Noe. 26,l83 and
26,lS9 OF the docket OF the Superior
District Court parish Of Orleans, for
$i07 and $3.50, with eight per cent IL
terest, etc. On the thirty fret OF d acemtcr,
1879, Brown filed petition in this court, set
ting up his present inability to pay all his
creditors promptly, attached 4 schedule of
his Liabilities anG assete, and affixed bis
order Of respite, appointed q notary. ap-
praiscrs, etc, recurring the creditors TO
meet on Tire seventh of February, 1876
On TIE trst OF February the WorkiDgm8I's
Il .Dk took aIulc in the Superior District
Cnu,E, on the sheriff of this parish, to sho Y
cauee On Monday, the seventh day Of Febru-
airy, why he should not be ordered to pro
coed to the full execution Of two wTit4 CT
fieli tacias, issued under the lad yments Nos.
26 lSS and 26 lS9 above mentioned, on the
ground that the said bank was mortgage
creditor OF the said Brown, by virtue Of
said judgments and their recOrLation, and
on the ground that seizure had been made
under said writs, in virtue Of which the
sheriff was in possession of the debtors
property; on the ground, also, that the order
of this court granting the respite did not
apply to it. The Superior District Court
made the rule absolute, and the civil sheriff
Brown, under other writs Of feri 1acas,
based on the before mentioned Judgments
Brown was not notified Of tho rule taken
on the sheriff, and does not appear to have
been q party to it in any manner. His at
tOrney happened to be there. He now
moves this court for q rule on the civil
sher # to show why he should not obey the !
order OF this court of the thirty first of De-
cember, 1875. granting mover respite. |
Article 3o95, c. c.. enumerates what classes |
OF creditors are not compelled to enter into
any contract Of respite or remission, and |
among them are privileged creditors, Of |
whatsoever nature they may be, and cred
itors who have special mortgage by pub
public act. The bank in the cases before |
the Superior Court represented itself as q |
privileged creditor, By virtue Of it's iudg.
mente, nd the seizures which it pretended |
to have made before the order of respite |
was granted. Under the above cited arti
Gle OF the G. c.. "privileged creditors, and |
those who have special m srtgage. can not
be deprived by any respite, Of the right ct
seiz'ng the property on which they have
privilege. Creditors having only general |
mortgage ara bound by the respite, in the |
same manner as ordinary creditors" id. |
A judicial mortgage, or mortg ago resulting |
from Judgment simply, confers no privi- |
leges. A privilege is o right. which the |
nature of debt gives to a creditor, and |
which entities him to be preferred before |
other creditors, even those who have mort !
cages" G. c. 1856. Privileges are strict |
urls and can never be implied, or extended
beyond the positive provisions of the law"
The allegati, rs made by the Workingmen's
Bank in the Superior District Court, and |
which seemed to form the basis Of that
ou1t's order to the sheriff, were errone-
,us. The sheriff had made no seiz-
Tres previously to the granting Of
he respite to Brown on the thirty first
4 December, and the sheriff did not have
lie property in possession. The bank had
wo judgments. but no eeizures had been
cade en- the first OF February, when the