New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-16

A., 204, 426; o. A. 400, 453: 20 a., 3e5.
Judgment affirmed. Justice Morgan dis
sents. r
No. 464s Meeker, Knox & Co vs.. c. Car
lose, appellant.-From Sixth District Court.
Judgment for $]3O6 81 affirmed.
No. 6O62. State We. Henry Fassman. Asa
bel w. Cooper, appellant.-From Sup rior
District Court. Tax suit with seizure OF
property in the hands Of the sheriff ON suit
By JUSTICE wYLY.
No. 1898. Charles r. Railey, appellant,
vs.. Pinckard, Steele 81 Co.rFrOm Sixth
District Court. On value of goods stored
with defendant in 1862, and q portion pur-
chases. Verdict of $3.50 sustained.
No. 1887. Thomas j. Semmes vs.. Edward
w. Burbank, appellant-From Fourth
District Court. Petitory action. Plaintiff
has never been Invested of his title to the
property unlawfully detained by defendant.
Rent fixed at S. per month. and Judgment
affirmed as amended.
No. 4e34. Mrs. Mary Powlis, appellant
vs. N. B. Cook ct al.-From Sixth District
Court. Mrs. GOldstsin should have been
allowed to introduce proof of her Judgment
of separation from her husband. Judgment
dissolving the injunction OF lntervenor re
versed.
No. 5574. Succession of Widow Charles
Brand, Jules Blanchard, appellant From
parish of Assumption. Judgment affirmed.
No. 1854. Jacob Strauss, appellant, Vs.
Hibernia National Bank.-FrOm Sixth Dis
trict Court. See No. $3.50. Judgment re-
versed.
No. 1888. Peter Hellwege. appellant, Va.
Hibernis Bank.-FrOm Sixth District
Court. On certified check for $4l5O, raised
from SAL, and tho date altered from July 2
to july I; afterward, the drawer abscOnd.
ing. The plaintiff acquired it in course OF
business. 10 A., lO3; 10 Wallace, dl7. Judg-
ment affirmed.
No. 1888. Leon Godchaux, appellant, Vs.
Union National Bank.-From Sixth Dis
trict Court. See No. 5oS3. Judgment Tor
S7l70 affirmed.
No. 6OO4. City of New Orleans VS.. Lafa-
yette Insurance Company, appellant
From Superior District Court. Under ar
ticle llS If the constitution the Legislature
can not commute taxes. The payment Of
a one thousand dollar license is not an &C
uuitrance of the payment on the capital.
Judgment affirmed.
No. 6ll2. A. T. Porche, appellant, Va.
Mrs Emma Bodin.-From Fifteenth Judi.
cial District. On lease of plantation seized
under mortgage. case renamed. Justlce
Morgan dissents.
No. 62tl. Succession OF Annals Plante-
vignes.-From parish court Of Pointe
Gomez, Judgment reversed; Mrs. Anna
Ledoux to be recognized as creditor; rule
for additional surety made absolute; claim
of Jules, AristiGe and Estelle LedOux re-
iected. and account ordered.
No. 62S6 Willis H. Hogan vs.. Mississippi
Valley Bank, appellant.-From Fifth Dis
trict Court. For balance OF account OF
1923 3d. The guarantee Of the debt was
not in writing. judgment reversed.
No, 63ll. State ex rel. A. L. CarlOss. vs.
iudpe of Superior District Court.-fhe in
1erest exceeds $500. Mandamus for sus-
pensive appeal made peremptory.
No. 63l3 Celina Boutte vs.. executors of
Francois Philippe. Julia CarmOuche, ap-
pellant.-FrOm Second District Court.
Mandamus to Judge OF the Superior Dis
trict Court to grant an appeal from the Or
der dissolving the.injunctior made peremp-
tory.
BY JUSTICE MORGAN.
No. 1857. Richard Hewitt vs.. New Or
leans and Carrollton Railroad COMPANY,
appellant From Superior District Court.
Suit for wages by car-driver. Answer, I'M
damages for $4,000 Verdict for $1,000.
There was sufficient cause for the discharge
and defendants were justified in setting it
up. Judgment reversed.
No. 473l. Jesse X. Bell vs.. Thomas p.
Leathers. appellant.-From Fifth District
Court. The attachment properly issued
and damages were improperly awarded.
See same case, Opinion book No ii, page
5ll. Judgment reversed.
No. 572s. A. II. Gale Il Co. vs: George
w. Doll, j. Maristany surety and appel
LIANT. From Fifth District Court The
sheriff's return lie sufficient, no defendant or
property being found. Appellant does not
show how he is injured. Judgment al
No. 500. Rhoda z. White vs. Myra Clark
Gaines. sppallant-From Fifth District
Court. See No. 57s9, lately decided. Judg-
ment affirmed.
No. 1858. State ex rel James Longstreet
vs.. CHARLES Clinton, State Auditor, appel
liant. From Superior District Court. The
evidence does not justify the judgment for
$50, 800 for militia purposes by order OF the
Governor, nor is there any appropriation
on which the Auditor was authorized to
issue his warrant. Judgment reversed.
No. 1854. State Of Louisiana ex rel. James
Longstreet vs.. Antoine Dubuclet, State
Treasurer, appellant..From Superior DIS
trict Court, See No 1858. Same vs.. Gin
ton. Judgment reversed.
No. $3.50 Jules Lapine and L. F. Jack. ap.
pellants, vs.. D. G. McCan Il Son.-From
Fifth District Court. Plaintiffs gave notes,
which were not paid at maturity, to defend
ant for four boilers. On judgment on the
notes defendant seized the boilers and ad-
vertised them for sale. Plaintiffs epjoin it,
Lapine was not properly notified, and the
Injunction Is to him is made perpetual.
Jack was notified, and as to him the judg-
ment ia affirmed. Justice Howell dissents.
No 62s2 Samuel Fasnacht We. J. l..
Childress ct al, appellants.-From Fifth
District Court. On rent notes for the Halt
way House. Judgment affirmed.
No. G2S4. Mrs. and Mr.. Delacroix vs.. Mrs.
Eliza E. Nash, appellant.-From Fourth
District Court. On promissary note. Judg-
ment affirmed.
No. 6327. State ex rel. L c. Rondanez vs..
Judge of Superior District Court.-Manda.
mus made peremptory to compel an appeal
On the rule dissolving plaintiffs injunction
against the city to prevent the taxing OF
the sense of the people in the levying tax
for the New Orleans Pacific railroad under
act OF 1876.
superior District Court.
Citizens Bank vs.. city Of New Orleans
Injunction on sale of two lots for taxes
purchased at o tax sale by n. G. Folger
collector of the FIRST District.
State ex rel. 3. bloomfield Il Co. We. A
Dubuclet, State Treasurer. -Plaintifs al
lege holding $l6l02 IS of warrants issued
by G. 3. johnson. Auditor, that the Treas
urer should pay them sll,lo2 IS thereof ou
of funds appropriated Tor that purpose, ant
that he refused to pay. Cause TO be emo WI
April %.
State ex rel. Thomas Carey Va. John 3 ar
row.-Injunction on interference with PLAIN
tiff in his office of tax collector Of the Thlr(
District issued without bond, the reason
being that this petition is signed by thu
Attorney General, and that of Barrow Ii
not The answer of Barrow denies tina
Carey is tax collector, having been removed
Il. L.. ,c ixf. s1lr0rs