New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-07-13


K. Kittredge, widow of DR.. e. E. Kittredge,
and adninistratrix of his succession, and
tutrix of his minor children, to recover the
balance due on two promissory notes given
by Dr.. Kittredge to the plaintiff,
Olivia c. Race, before his death. The
notes were originally for nearly $4,000 each,
and were given to Mrs Race, who was a
daughter Of DR.. Kittredgs by former wife,
in settlement Of her share of her mothers
estate. The defendant was his second wife,
by whom he also had several children. The
notes were given in 1862, and several pay
ments of interest had been made, and
$500 of the principal was paid ON each
note in February, 1868, as appears by in
dorsements thereon. This payment and two
of the payments of interest were made by
the defendant herself after her husband's
death. The petition alleges that DR..
kittredges succession was opened in the
Probate Court for the parish of Assump-
ton, in Louisiana, with the defendant, the
widow, in community and tutrix of the
minor children, as administrative, apd that
she has frequently acknowledged the cor.
rectnees of the notes. and the liability of
the succession to pay them; that she placed
the payments made by her as aforesaid on
the first provisional account filed by her on
the ninth of July, 1869, in said succession
which account was homOlogated; and that
in q compromise between the de.
fendsnt as widow in community,
tutrix, and all the heirs Except the
petitionerj, made in and by document
which was duly passed by public act before
a notary, it was stipulated az follows, viz:
"That the following debts due by the sue
cession of said DR.. E. E. Rittredge. shall be
assumed and placed at the charge of the
parties of the second part, and tho said
parties of the second part warrant and
said nf S,,% >ork
against all liabilities from the same, viz:
"A debt Of about $ll 900 due Olivia Corinns
Race. balance due her from her mother
succession" The petition was filed August
l6, 1872. The defendant, az administrative
and rutrix, filed an exception. and an
answer. The former sets up the prescrip-
ton of five years, and the tendency of q
suit in equity in the same court, instituted
by the petitioner against the defendant and
the other heirs Of Dt. Kittredge, in which
she prays decree for the same identical
demand. The answer is general denial to
the etition, accompanied by an answer to
interrogatories, admitting that DR.. Kit
tredge, shortly before his death, told de-
PENDANT that he owed the petitioner. his
daughter, $l5, 900. As widow in community
and individually, the defendant filed a sec.
ond exception, alleging First, that the pc
tition does not disclose any right
of action against her in those capacities;
secondly, that if any is disclosed, it is pre-
that the petitioner has suit in equity
pending in the same court against the de-
PENDANT and the other heirs OF DR.. Kilt
rodge, in which she prays u decree for the
same identical money claimed in this suit.
A Jury being waived, the cause was tried
by the court, which found generally in
favor Of the petitioner, and awarded
hec a judgment against the defend
ant. as Administrative, for the amount
Of the notes and interest, with all costs
of suit to be paid out of the assets Of the
succession, and adjudged her to be bound
in her individual capacity. and as widow in
community, for One-hslf of said debt and
interest, and also gave Judgment against
each of the minor heirs, with benefit of in
vsncOry Of their shares of the debt, for one
eleventh of the remaining half. The court
held that the succession is liable for the
whole debt. and that the widow in COM
munity is liable for O1e-half the amount.
Also. that the heirs are liable for their pro-
part. 80 far as they have assets. Affirmed.
Mr.. Justice Bradley delivered the opinion.
Superior District Court.
Joseph Raymond ct al vs. Peter Com
mandeur, James Casia, John Marie, J. Be.
tron, - Couget, Pierre G4lier. Louis
Daufoues, Joseph Leon, B. Bsrthe, J.
Machardo, P. j. Wagner, John Schmidt. NJ.
Despeaux. Louis Brefhield, NJ. Lannes,
William DIETRICH, H. A. dwell, S, Felix.
F. LamarQue, B. Martin, Jules LemOine,
Lucien Payss, NJ. Lscour, Jean Marques,
Bazile Bsres, Dominique Berges, W. NJ.
Dsstillon, Jean Barres, Jean Marie Gouget,
John Flick, P. Abadie. p. Passam ent, Nine.
Noel Lascassaire, Bazile Madus, Jean
Marie, Jean Lamarque, E. Dastugue, j.
Baoue, A. A. Gardenere, Matthew Rogue,
James Abadie, L. A. Hielaie. G. TyaGue,
S. Pedelaharre, V. Cientat, Louis Wagner,
K. Bettelberger. B. Desbiars, P. Pompeu,
K. Lafonraine, B. Perez, P. Ciavery, E.
Ezerdc. L. Durac. P. Suberville, Hy. Dourt,
Louis Cefes. F. II. johnson, P. Rouede, A.
B lrgan, JEFF Harrison, j. Marmouget, Gus.
Chaperon, Leonard Geish, Peter Kramer,
D. BARNES, D. o. Farrell, Fred Glsnner,
Christ Springer, Martin Wolf, William
Thomas, Francois Peque, Ferdinand Ra-
NOR, John Dentagnan. Joseph Hugg. B.
Boussis, Jean Roush, P. w. Grabor, Jean
Rush, Pierre Force, John Dies. Henry Kra-
wat, Joseph Pabst, Adam Gimes, Henry
Pougade. Baptiste Senace, Msrgaret Oliver.
Petitioners allege they are owners and
possessors OF the public markets, with
privilege of collecting the revenues for
is unlawful for others to continue private
markets within twelve squares; that de-
PENDANTS are violating this law; that this
damages them 100000, and pray that
they be restrained with judgment for dam
ages. Injunction issued.
Mrs. E. F. Anderson VS.. city of New Or
leans.-Rule TO show cause why a mortgage
should not be erased. Fixed for July Il.
State vs.. Charles Clinton.-.Appropriation
l., IS AZ p,1n IS nh ND g.
Well and j. f. Irvine to show why the in
junction on appropriation of 100000 for
Insane Asylum to the amount of S5742 81.
Fixed for July IL.
First District Court.
Thomas johnson, assault and battery,
fifteen days; Frank Wands, petty larceny,
nine months.
Second District Court.
Sarah NJ. Creger prays to be emancipated.
downey, Helene Aube, widow OF Francois
Picard, Marie +. Picard and Albert Joseph
Montieu, opened.
Meteorological and River Report.
The following statement Of the weather and
rivers is furnished by the Signal Service officer sta
toned at New Orleans:
AFTERNOON REPORr-3:43 P. M.
Places Their. Wind. Weather
Cincinnsti........ 83 w. Cloudy.
Davenp0rt....... 80 3. Clear.
Dubuque. ....... SO s. Clear.
Calves tOn........ IS 5. FAIR.
lndlauO!a......... % .. Fair.
Keokuk .... IS S.E. Cloudy.
Lacrosse .......... 80 5. W, Clear.
LeavenwOrth 49,. el 3. q. FAR.
Louisville......... 81 s. E. Cloudy.
Memphis. 80 NV. Light rain.
Mo-