The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-18

gage creditor OF the boat, brings this
action to render liable In solido the
master Of the boat and the committee
for the amount Of his claim and for his
been earned by the boat and misappro-
priated by the committee. The court
below properly sustained defendants
exception OF no cause OF action, they
being merely trustees OF the owners,
and that plaintiff cannot sue his CO.
agents for his own neglect OF duty, nor
could he have any recourse against his
principals. Judgment affirmed.
No. 5s51. Louis Mathc VS.. the parish
OF Plaquemines. appellant on
notes or warrants issued by tho Police
Jury. This case is similar to that Of
Sterling VS.. West Fclicjana, 2G annual,
adopted In this one and the judgment
Of the lower court reversed
by Justice Howell
No. b7G2. State Of Louisiana, appel
liant, vs. Richard Taylor.
Plaintiff sued to anntl the lease of the
New Canal made pursuant to act No. ~,
Of 1866. on the ground Of failure TO pay
the rent stipulated. Defendant AYERS
that by act No. 11B, Of 1867, he was re-
sideratlOn OF certain improvements to
be made, and we are satisfied that he
has complied with tho spirit of the act
Of 1867. The State Is estopped by her
own judicial admission in the suit of
Case, Receiver, VS.. Taylor, from plead
ing the nullity Of the act Of 1867 BY tho
constitution Of 1Se5.-Judgmcnt af-
tlrmed.
by Justice Wyly:
No. 44D6. Annie Castell VS.. Thos. j.
Castell, appellant. t.--Judgment affirmed.
Nh AtiM (lco NJ !ra m va Jnhu Nov
Ian, appellants. Plaintiff sues to rocov-
or five lots Of ground purchased by de-
fendant, mt a sale made In 1870 by the
constable OF the 9th Justices Court. OF
the parish Of Jefferson, under juog-
mcnt for taxes of 1868, due the late city
Of Jefferson. At the date of the sale
the city of Jefferson had been annexed
to New Orleans and the constable had
no power to sell property in Orleans.
Mo.eoyer Nor plaintiff Who y m resided ssnsa IN
party to the proceedings, no notice Of
seizure having been served upon him.
See yacobshagen bvs. Moylan. 26 An.
1856. Judgment affirmed.
No. 6O3O. Alexis Ribet, appellant, Va.
J. Contreras ct al.-In this suit tho
value Of the property, the sale OF which
Is enjoined, is less than five hundred
dollars, aud the plaintiff In injunction
cannot give us jurisdiction by claiming
damages In q sum exceeding TINT
amount. Appeal dismissed.
529i. City Of Now Orleans VS.. Heirs of
do st. Romes, appellant. Several of
the heirs Of dc vt. Romes have appealed
from judgment for taxes against them.
The publication In the official Journal
IL In 1ieu Of citation. and the defend
ants must be designated individually
therein. In this case the only publica.
ton made was in the name Of Heirs of
dc st. Romcs," which IL not q compli-
ance with tho law. Judgment reversed.
No. 57s2 ?. irwin, tutor. appellant, vs..
city Of New Orleans and Il. Waggaman,
Sheriff In this c,lse property belong
ing to plaintiffs ward WAS seized for
taxes. There was no citation to the
minor, the publication required by law
having been made only in the name Of
the previous pOssessor of the property,
then deceased Judgment reversed.
No. 5000. State Of Louisiana VIZ. Chas.
Morgan, appellant.
Defendant rcsists tho collection OF
taxes levied by plaintiff, on the railroad
owned by him between New Orleans and
Brashear City, on the ground that said
ro,ld was acquired by him from the New
Orleans and Opcloilsas Railroad Com
mtny, and that by the charter Of said
company that road was exempt from
taxation. Defendant. who WIS u mort
gage creditor of the road, acquired the
property under foreclosure of the
mortgage, but he certainly could ac-
u,iire none of the franchises granted by
the State without the consent Of the
State. Besides, the exemption from tax
alton was limited to u period of ten
wears from the completion Of tho road
To tho Sabine Neither the Company
nor Morgan has so completed the road,
though more than twenty years have
elapsed since the grant Of the charter.
and parties by their lachcs cannot make
such exemption In effect perpetual.
Judgment affirmed.
BY Justice Morgan 6Oo7. Francis A.
D'Aquin VS.. Francis Lacroix, appellant.
Judgment affirmed.
GO2i. Etienne villayapo, 4as. T.. zuats,
subrogated, appcllant4esA. w. Walker.
Motion to dismiss thcappeal denied.
$50. State Of Louisiana, appellant.
W.. John H. Laresche. Exceptions OF de-
fondant to be considered rs his answer.
and cause remanded to be regularly
tried.
FIRST JUsTICE's COURT.
No. 1872. G. T. Buddecke w. Il. A.
Burke: answer. Now comes l.. A.
answer to plaintiffs claim denies any
and all liability therefor.
Further answering respondent says
that the powder for which plaintiff
claims payment was neither sold nor de-
livered 10 respondent, but was furnished,
as plaintiff well knew, upon the order of
Hon. d. z. Penn, Acting Governor Of
louisiana for the use Of the militia Of
the State, then under arms in defense Of
her liberties, of which order plaintiff
was we'll advised and informed.
Respondent further says that at the
time said powder was purchased for the
use OF the State, to wit, on the 10Th day
OF September, 1874, the only existing
and do facto government In the State OF
Louisiana was that which Lieut.. Gov.
ID. B. Penn was the acting executive,
and OF which this respondent was On
officer and agent, and that this fact was
fully known to, recognized and believed
by the plaintiff herein when the said
powder was delivered.
Respondent further says that on the
said 14th and 18th days or the Septem-
her. 1874, the said Buddecke professed
to DO In sympathy with the movement
OF the people OF Louisiana against the
usurpation then existing; that his sons
were in the ranks Of the citizen sol
diers, for whose safety and defence this
ii II II L..A II.