The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1879-12-27


for interest, tho validity of the original
contract itself il adjudicated upon, we
should incline to tho opinion that the
Judgment if such case would be con-
clpsivs between tho parties -
We have carefully rad the elaborate
briefs Of defendant before the Supreme
Court on the trial snd for re-hearing,
and we feel confident that they were duly
considered by that court before it rem
dered it's Judgment in favor of plaintiff,
and We are not inclined, nor do we feel
onrself justifable, in disturbing it.
But it is urged by defendants counsel
that at this tf3al they have presented
point not touched upon in the trial of
the former suit { No. 1917, to-wit: the
illegality of the resolution Of the town of
Goth March, 1856. We think they are
mistaken, for in the Judgment df the
lower court we find, among other reasons
assigned for it, the following, viz: " That
it is patent on the face of the resolution
of Goth March, 1866, that provision was
not made for the payment of the claims
therein referred to; LIST, because ****
and, End, because it was unconstitutional
to attempt to throw the whole debt of
the town upon one class of its citizens;
that is to say, the real estate owners"
Thus it will be seen that the coustitu-
tionality Of the law was passed upon by
the lower court, and also by the Supreme
Court which reversed the decision, and,
in doing so, simply noted the fact that
the legality Of tho ordinance was not
questioned in defendants brief.
Therefore, it is adjudged, ordered and
decreed that, by reason Of the law and
evidence being in favor Of plaintiff,
Charles Andrew johnson, and against
defendant, the Town of Donalasonville,
that the plaintiff do have and recover
judgment against defendant in the sum
Of two Thousand eleven dollars and five
cents ($2O11 O5), amount Of the bonds
sued on, with interest thereon at eight
per cent. per annum from the End of
April, 1876, until final payment, and one
hundred and sixty dollars and eighty
eight cents, with five per cent. per an-
mum interest thereon from LIST April, 1874,
and ono hundred and sixty dollars and
lightweight cents, with five per cent. per
annum interest thereon from 1st April,
1875, aud one hundred and sixty dollars
and eighty. eight cents, with five per
cent. per annum interest thereon from
LIST April, 1876, until paid, and costs of
suit.
it is further ordered that the treasurer
of the defendant be and he is hereby Of
dered to apply the balance Of the amount
of the special tax of one thousand dol
lars ordered to be collected by the tax
collector Of defendant by Judgment of
the Supreme Court (No. 6129) rendered
between these parties, present plaintiff
and defendant, IN suit No 1841 of the
docket Of this court, on the tax rolls Of |
1871 and 1872, after satisfying said de-
cree, to the satisfaction of this Judgment.
1t is further ordered that the tax col
lector be and he is ordered TO proceed
forthwith to collect the special tax of |
one Thousand dollars levied by ordinance
Of Goth March, 1866, on the rolls Of 1873,
1874, 1875 and 1876, and, out of the pro-
ceels. satisfy the judgment herein rem
dered.
Thus rendered, read and signed in
open court, parish of Ascension, 18th of |
1879.
HENRY L. DUFFEL, |
Judge 4th Jud. Dist.
In tho case of Felix Brand %. the town |
IF Donaldsonville, No. 1889, suit also
based on consolidated bonds, the reason
ng of the johnson case is referred to, and |
Judgment rendered in favor of plaintiff |
or the following amounts: 1928 with five
1er cont. interest from April 3, 1874 $128 |
With same interest from April 3, 1875;
1923 with same interest from April 3,
e76; and $500 with eight per cent. in
crest from April 3, 1876.
Appeals to the Supreme Court have
'een granted in both these snits, defen-
liant to furnish O bond of $50 in each
:ase.