New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-24
COURT RECORD.
SATURDAY, DzcExsER q. 1876.

DSSo>AS@~
UnieeA States Circule Court.
Presentation. e. G. Billings, District
Judge.
The e;:rd jury was discharged till JAM
supreme Court.
PresentAn the justices.
REHEARINGs REFUSED.
No. 5l60. Nicholas Theodore Va. New Or
leans Mutual Life Insurance Company.
No. 6325. N. Bienvenu vs.. Factors and
Traders Insurance Company.
No. 1872. Mrs.. Nancy Lotspsich We. John
8. Copes.
BY JUSTICE wYLY.
No. 64S6. Gest &. Atkinson, appellants,
Vs. New Orleans, st. Louis and Chicago
railroad.-From Superior District Court.
Notion to dismiss appeal refused.
No 4670. Peter Gallagher We Southwest
ern Exposition Company, sppe Hant-From
Fifth District Court. Judgment reversed.
BY JUSTICE LEONARD.
No. 6467. j. L. Monrose, A. Selle, subro-
tiated, We. Mrs. Augustine G0urde, appel
lant.-Frcm Fourth District Court.-Judg.
ment affirmed.
No. 6495. State ex rel. A. F. Hickman Va.
Judge of Second DISTRICT Court.-Relatol' g
claim against succession was rejected, and
an appeal refused. Writ of mandamus
Superior District Court.
Andrew ]. Brim Va. Mrs. j. Sewell and
others-Opinlon rendered by Judge A. l..
Tissot, sitting in the place OF Hon. 3. l..
Lynch, recused.
That the Superior District Court for the
parish of Orleans is q court of limited juris-
diction can not be doubted. See acts of
Louisiana, 1873; act No. 2, approved Decem-
u Does this case fall within its jurisdictions
Such is the question here presented. The
constitution IF 1868 established seven dis
tr:ct courts for the parish of Orleane, with
the foIlow wing original jurisdictions: Tbs
First, exclusive criminal jurisdiction; the
Second, exclusive probate jurisdiction; the
Third, exclusive jurisdiction Of appeals from
justices of the peace; the Fourth, Fifth,
Sixth and Seventh District Courts, exclusive
jurisdiction of all CIVIL casee, except pro-
bate, when the sum in contest was above
500, exclusive Of interest. The orig inal law
of the State further provided that in the par
ish of Orleans the General Assembly might
establish 40 many district courts az the
public interests might require, and that the
aforenamed seven courts should also have
such further Jurisdiction, not inconsistent
with that conferred upon them by it, a.
should be conferred by law. See cOnstitu-
ton of 1868, article eighty-three. There
after other courts we're created and estab-
lished with certain stated powers. These it
is unnecessary to notice for the purpose OF
thls case.
By act No. of the acts of Louisiana of
1873. page thirty eight, approved December
IL, 1872, above referred to, the Seventh and
Eighth District Courts of the parish of Or.
leans were abolished, and the records and
in
transferred to other courts in said parish;
an additional district court for the parish
| of Orleans was established; its jurisdiction
defined and limited and its powers deter
| mined; the transfer Of certain cases de-
| pendipg at the time before other district
courts TOR said parish to said additional dis
trict court provided for, and the Governor
was authorized to appoint Judge and clerk
| for said cour t, and to provide court room
for said court This court was decreed to
| be known and designated as the Superior
| District Court tor the parish of Orleans.
This act is entitled IAN act to estab-
| lish an additional district court for tho par
| ish of Orleane; to defoe and limit the juris-
| diction, and to determine the powers there
| of: to provide for the transfer OF certain
| cases now pending before certain other dis
| trict courts for eaid parish to tho court
hereby created; to authorize the Governor
| to appoint Judge and clerk for said court.
| and to provide court room for said court; to
| abolish the Seventh and Eighth District
| Courts for the parish OF Orleans, and to pro.
| vide for the transfer of the records and
suits to said Seventh and Eighth District
| Courts to Others courts in said parish"
There is no warrant in this law to au.
thorize the institution and prosecution OF
snch Q suit as this in the Superior District
| Court The case does not come within its
jurisdiction under this s.atnte. Ut courae IN
| creating and establishing the Superior Dis
| trict Court for the parish Of Orleans the Gen
| ersl Assembly created and established an adj
ditional district court for said parish OF Or
leans ha ving civil jurisdiction, but an addi
tional district court having limited civil
jurisdiction. The act SO states expressly
and proceeds to limit the civil jurisdic
ton OF this additional district court. There
is nothiog in the plain contemplation o
this statute to authorize and empower saC
Superior District Court to grant the orders
sought herein.
Bnt it is said that act No. AZ of the act
of 1873. approved March IA, 1873, secti",
four, and acs Ma. 100 of the acts OF 1874
approved March %, 1874. section three. g,v'
the Superior District Court for the parist
of Orleans the power TO grant the orders
sought herein.
Section four of the act first above referre'
to reads as follows:
"Be it further enacted, ETC., That the ta'
collectors shall be and they are hereb.
authorized to give q title in the anne .
the State Of Louisiana to all persons pun
chasing property sold in pursuance OF thl
act, and such title shall be held in and re
cognized by all courts Of this State as vali'
in law, for which title the tax collecto
shall be allowed fee Of 81; upon tn
presentation of title so given to the dis
trict court or parish court it shall be tn
duty of the Judge to order the sheriff t
| nut such persons in possession of the prop
cry 30 purchased BY him."
Section three Of the act second above re
ferred to reads as follows:
"Be it further enacted, ETC., That at til
) expiration of six months from the day OF n
cording said act of sale, Ii the propert
sold as above shall not have been redeemed
"a above provided, 'be person so purcha'
lag III y pres. "A di,; certihe0 copy OF u
tax COLLECTORS title CT said sale to the Aud
tor OF Accounts, az evidence Of such ia
collectors sale, and the Auditor shall Their
upon issue deed Of sele, with full an
CON plete title, in the mama Of the State I
Louisiana, to the purchaser, under his see
of office, which deed sball vest the title
, said property completely and fully ~ ia
said purchaser and his heirs, and euch It'll
: ehal be held and recognized by all tt
courts of this State as valid in law; &n
, upon presentation Of title SO given to an
district or parish judge, in open court, or I
chambers. it shall bs the daty of such judi
to order the sheriff to pas the pure h aser
possession Of the property go purchased
him."
OF course, aud the proposition can not /
denied; Jurisdiction can not be extended Q
| implication 1t must be expressed. ii Il
. D. i87. All the laws of 6 State must be il
terpreted togsther, with view to eac
3 General provisions OF law are certainl
, never held to repeal special acts, and tt
nrincinla announced IN Sedgwick upO