The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-21
THE NEW ORLEANS DEMOCRAT TUESDAY, JANUARY a. 1879

be as vain as unreasonableto attempt to RESTRAIN
the execr ton OF an act which. 1t is judIc1all]
Be Be- an UNPRECEDENTED irresaiarity to Issue or
| these Inconsistent pleadings. an enforcing man
date which .H n Id dn fSF nr.vsr o, hi,
broad petition plaintiff. has put It out OF .oul
power to discuss and determine the important
his iniunction~tfisc cannot be fairly or success
/ fully Gisputed-neither would nor could. under
| the circumstances recited by BIN. secure AID
Considers that he Is entitled to: and. "a held by
this court ia regard to as tardy an INJUNCTION
as that OF plaintiff. one obtained aud Issued
which the claimant had failed to pray that the
| sheriff be ordered to restore the property he
had seized: Such an Injunction was. and mere
was properly dissolved on MOTION L. Il. s32
| 8 A. 242. X Az. 3 r. s42. 9 M 5l9 Woods ia
| IS N. Y. 1856, % N. Y. 31s. 6 Metcaf AIS.
| There is az error in the judgment appealed
from. and that judgment is affirmed. win
No. GAO. Peter Heft VS.. Harvey Kelly appel
| parish Of Orleans.
The order issued by the General Command
the o. sale Under
real estate for the satisfaction OF debts incurred
prior to the date of the order referred solely to
rural property, and did not extend to property
The title 70 property sold by the sheriff under
execution Issued from court recognized by
be impaired by any order subsequently issued
by the military commander Of the department
In which the court exercised jurisdiction.
Judgment affirmed.
BY JUSTICE SPENCER.
No. 7l42. M. n. Wisdom ct al vs.. Henry 8.
Buckner, appellants.-Appeal from the Fourth
District Court. parish Of Orleans.
IN mortgage creates Js r a. re "a net jus ..
prohibitory Of bringing real actions In probate
courts 1t would not prevent the enforcement OF
mortgages In such courts.
No. 1881. Thomas s. Elder. ap pellant. vs. City
Of New Orleans ct als.-Appeal from the Third
District Court. parish Of Orleans.
Plaintiff alleges that under a judgment for
SITS. obtained against him without citation. no.
tfce or default. the city caused his properly.
worth more than $500, to be sold without having
made any seizure or giving him any notice. and
that the Judgment and sale are. therefore, abso-
Lutte utilities. \ hat the sheriff. the purchaser
and the city are threatening to dispUsses him
under said void proceedings. and he prays for
a Judgment restraining them from 80 doing,
AID declaring the nullity of said judgment and
In such a case an appeal will lie,
Motion to dismiss overruled.
BY JUSTICE WHITE.
No $40. Norwalk Iron Works, appellants. vs.
Court. parish Of Orleans.
Where the owner of a piece OF machinery
places 1t In the custody OF a party who deals in
such goods, and allows 1t to remain in the lat
ters store with other goods of the same class
there exposed for SALE he. cannot recover 1t
from purchaser who has bought it In good
faith from the party in whose charge 1t had
been so placed.
Judgment affirmed.
No. 1917. State of Louisiana ex REL Joseph
Bergeron ct ais. vs.. the Judge of the Fourth
District Court.-An appeal will not lie from an
order granting an iDju9ction pendente lite.
Mandamus and prohibition refused.
The following cases on hecountry docket are
fixed for
TUESDAY. JANUARY 81, 1870
No. 1880. Theogene Caillonet vs. Lucien J.
Cafllonet ct ais.
No. 1881. New Orleans Insurance Association
vs.. b. b. Labranche OF ais. :