The New Orleans Democrat., 1876-04-18
-
sIraRwE Court DECISIONS.
MONDAY. April Y ts76
rressnt. justices Jaliaftrroi Howell, WHY

inK refused; ,.,.,..., D Sim
mons et ais vs. j. H. DcNa ct ais -heheaf
H. 6os5 Geo. NJ. Marshall IS. A. Yznaga del
yalle- -Rrhparing refused.
NO 6ipg Mrs. NJ. It. James W. heirs of Honber-
n.-tchearing refused . ro,,t.re
sheriff et as. n -Bchearing refused. III
No. 1881 J. Il. Hopkins ys; darth"a'e' hoW'S
MI. eoS7 John sexton W. John Mcmahon, tu-
tor -Rehcarng granted. Mn.
No. ieoi ldberman w. appelianlTI,t " 80, t'oN
Orleans. Florida and Havana steamship 70
Anuenl from Fourth District Court. parish ol
Orleans. Judgment affirmed, .,or orno,lon,s
No 6tGp j j. McCODk " Brother. hppenhhiS,
"a n H. Willis ct nls.-Appeal from Dstrict
Court. parish Of Sabine. IN proceedings e. ny ~
bn strictly complied with ana the surety on the
bond must bp a resident of The PARISH III whleh
the writ issues. Judgment alllrm9Th 81. pon,i
No cI2f State Of Louisiana Us. Frank Benili
snn appellant. Appeal from the District Court.
parish of Point Coupee Tho defendant having
n,oro thnr ono year prior To- the fling OF tho in
tprmnlion on which he was tried. tho plea Of pro
seripti0n must prevail Judgment reVersed
ny JUSTICE HOWELL:
M 1896 VIM. S. Davis. appellant, vs.. Clarke.
Grocbe Il Co.; Same VI. Hourly Groebtl x, co;
Appeal from Fourth District Court parish OF
MI. i7ls Dave O. johnson va In yarete Asso-
ciati0n, nppollaat Appeal from th9 SuneIint
District Court parish Of Orleans ne A.
n stoekholder Of tho defendant assocation The
charter OF this association permits tho forma
Zion of tho Varipn Club" by its members. ana
plaintiff having. u stock holder of tho associa,
lion made application to become q member 81
the club Is bound by ne vote 81 llo cup re'us-
Justice Morgan took no part IN the decision.
No. 5ooa. Mrs. n, II. Thezan. wife Of e. Dumas
Appeal from Second District Court. parish oi
Orleaus- Appellants having been creditors OF
The deceased after the death OF d MS rs, w9 nave o
property but they have the right 70 soc that their
debtors property h made available lor tne,t n,
the husband being entitled to the usuiruet OF ms
deceased wife's share. there was error IN M,ho M
Judgment making tho executor account to the
wife's share FOR tho revenues thereof Judg-
ment reversed as 10 appellants. .
No. sIt7. George j.. Frost. appellant, vs. city ol
New Orlaans-Appeal from superior Dlstrict
Court parish of Orleans: Judgment aiiirmod
No Gfb2. q. w. Senteli Co vs.; james BORON.
r. ~ Sollibellos, iutoryonor and appellant-On
rshearing former decree altered SO rs to con
form to tho opinion.
DY JUSTICE wyLY.
No. t72l. Il. Hiestand vs. city of Now Orleans
appellant. Appeal from Superior District Court 1i
pnrish of Orleans Plaintiff az Assistant CITY
Attorney. was entitled "a n commission on Iudg
ments for taxes only when the amounts thereof
were collected and paid into tho City Treasury
Nos ss36 and iso5. Andrew Parlo ys. Mrs Jane
darcy. appellant Same y; same leogsoi,aa1
Of Orleans. s.Judgment reversed;
No. sI3i Lacey q Butler. appellants. vs. Police
district Court parish Of st. Bernard Plai ntif1s
appeal from Judgment allowing part OF thell
claim. Their employment to defend sui' agains n
made for the payment thereof the contract was
invalid. Defendants not having appealed tho
Judgment is affirmed. -
No. clio City Of New Orleans, appellant, vs.. II
4. Buckner.-Appeal from superior DlstriI
Court. parish OF Orleans Judgmeint ,i reversed ,I''n
Auditor. and A. Dubuclct, Treasurer; Williams
4 G,ion. intcrycnors and appellants:
Tho State enIoined tho Auditor and Treasurer
from paying the coupons attached to the bonds
issued under aet NO II 2, hond ,Sl on tn
s9 500 900 WIS in contraveuion of the constitu
tionnl amendment, aud said bonds are not yali'
obligations Of the State. The New Orleans, Mo
bile aud Chattanooga Railroad Company inter
vened.
was remanded. Before the trial on the remand
ment. Williams and Guon, holding certain
bonds of this issue. ntervened. setting UP thel
right as third holders To obtain payment OF tn
coupons and to have their bonds declared valid
The court perpetuated tho Injunction and de
creed said bonds to be void. Thereupon the in
tpryenors Williams and Guiun. appealed.
II will be necessary To examine tho acts o
1869, 1870 and 1871 in order TO dotermine whethe
the bonds in question are valid. by act No 26 9
1869 II was provided the New Orleans. Mobile
aud Chattanooga Railroad Company shall com
plote the first seetun Of forty miles within on'
year from The survey and location. and tho
whole road 10 Houston. Texas. within
three years and six dirht months ntns from hoih a.
allowed for making the survey and location
"and IN case Of the failure of said company t
survey locate and construct said main line Q
said railroad within tho, State of Louisiana, I
the manner and within the time limited in thi
section of this net Tor such survey, location an
construction, tho obligation Of the State OF Lou
isiann, by virtue or thus act to guarantee tn
second mortgage bonds OF said company las |
this act provided for or upon that portion of tn
said main line OF railroad not constructed with
ia the time limited, shall cease and determine
and none of said second mortgage bonds for .
antH mn Ia 1I ppt a.
within the timc limited, shall he guaranteed b
the state of Louisiana. But no failure. of th
company 10 complete said railroad shall afTe'
or forfeit the rights of said company to main
tain and ENJOY such portions Of its railroad as
shall have completed, nor any other rights 9
franchises secured TO said company under il
charter or by the laws of the State Of Louisiana
orany other state relating thereto
By act 81 of 1870 1t is provided, among othe
things. that tho said company be and Is hercb
empowered and authorized to locate, consru,
and build and thereafter TO own. maintain
manage and use railroad with one or NOR
tracks and suitable turnouts. from any poll
upon the main line of its rairoad, as the sam
has been or may hereafter be located in the par
ish Of st. Martin. or in the parish OF Lafayett
northwestcrly. on such a course or route rs TIA
directors of said company may deem most eH
adopt toward ana 10 Shreveport, in the paris
q Cqddo. via Alexandirtiai in in the parish Q
of The provisions of the act entitled an act t
expedite the construction Of the New Orleans
Mobile and Chattanooga Railroad Company /
the State Of Louisiana. approved Fob. II 1869. a
relate 10 tho guarantee Oi the second mortgal,
bonds of said company shall be applicable onl
osuch parts or portions OF the said lines of rail
road TO Shreveport, and To said point in the par
ish of West Baton Rouge, aS shall be surveyed
located and constructed within five years froI
the acceptance Of this net 10y said cOmp pany: an
said provisions of said act shall be applicable f
such parts or portions of the said last mentionc
lines of road as shall be surveyed located an
constructed within the time last aforesaid.
But what are the provisions of the act Of ut
February, 1869, which relate to the guarantee c
the second mortgage bonds of said company
As they are made applicable to tho branch roa
to be extended 10 Shreveport it is important {
determine the obligation Of the State arisin
from said provisions
Section Of said act provides: That the Ne,
Orleans. Mobile and Chattanooga Railroad Con
pany, a corporation of lhc State of Alabama b
and is hereby authorized TO make and issu,
from time TO time, as hereinafter provided il
bonds to be known as second mortgage bond
Of the New Orleans. Mobile and Chatanoog
Railroad Company, guaranteed by the State ,
louisiana of such denominations as the con
pany may elect but to an amount not Cxceedin
III the aggregate twelve thousand five hundrc
dollars for each and every mile in length of III
main line OF its railroad westerly from the cit
OF New Orleans and within the State of Louis
ana, which said company shall construct"
Section provides that the said mortgage aftt
IL has been executed, shall he delivered to II
Governor. ana il the same be in conformity wit
the prov isi0nS of tus act he shall indorse h
approval in writing thereon. and cause the sa
mortgage, thus approved to bc recorded in Il
Office Of the Secretary Of State. Section Or,
yides: THAT when the said second NOR
shall have been 50 ipii n,