St. Landry democrat., 1880-07-17


instated; and plaintiff expressed his Willing
ness to do so, but the formal Reinstatement
was never made There was no positive under
standing during the remainder of the year, a
to which contract the parties were acting under
the one of partnership or the one of ovcrsccrshir
At the latter part Of the year, on grounds alleSe
i'll his petition, plaintiff had all the allegc,
| copartncrship property seluestcred asked +
have all contracts annulled, and if Il partner
| ship existed that it be liquidated and settled
He also claimed a certain amount of money
Defendant denied plaintiffs allegations, excep
such as he specially admitted; claimed REIN
| bursement for certain sums expended by him
and also damages. The case was tried by Jury
The jury found that defendant was partner
of plaintiff until seizure was made and ordered
a liquidation OF the partnership; that plaintiff
had not sufficient cause to have issued the writs
OF sequcstration and injunction, and that he
should pay the defendant two hundred and
fifty dollars damages. The peadings and adj
missions of both parties show that the part
nership was annuiled, and the jury had no light
to decide to the contrary. The claim for dam
ages on account Of the sequcstration and in
junction can not be allowed. Verdict of the
relnanded to be tried de noco, appellee (de-
fendant paying costs of appeal
Joseph Q. Carin, admir-, VS.. NJ. T. Gordy,
sheriff, ct al-Appeal from the parish of St.
Mary.-Mrs. Brig, one of the defendants held a
judgment againt f. Carlin, recognizing a ven
doris lien upon sugar hill and machinery now
attached to the latter's plantation. Plaintiff, a
creditor OF +. Carlin, has special mortgage on
said plantation. Mrs. Brig caused to be seized
to satisfy her Judgment, said sugar mill and
machinery; and plaintiff enjoned. The District
Court dissolved the injunction, with S75 dam
ages as attorneys fees; and from this iutls-
ment the plaintiff appealed. The question
considered is whether or not the defendant had
the right to seize and sell the sugar mill and
machinery, separately from the land, in execu-
ton of her judment recognizing her vendors
thereon. The judgment was for the
price of the identical property. Held that she
had such right. Judgment affirmed at appel
ants cost.
Mayor and Trustees of st. Martinsville VS.,
Steamer Mary Lewis and owners. Appeal from
the Parish Of ST. Martin.-This is a suit for a
tax levied by the town requiring every steam
boat landing within its corporate limits to pay
the sum of two dollars and fifty cents The
charter of the town permitted tax to be
evied on steamboats," Under the constitu
ion and laws of the Unised States, the banks |
II naVibable streams are freu for the uses of |
navigation, and it is not i'll the power of States
II municipal corporations to impose taxes on |
he mere privilege of using them. Such q con- |
rlbutlon cannot he maintained cXcept "as q |
for the use of wharvcs, or other
rtitfcial facilities provided and maintained at
he expense of the corporation" The allow
nee is made exclusively on the PRINCIPLES of
for advantage gained and OK
ensc incurred. The right to erect src,,
'harves or other artificial facilities, and to
barge toll or wharfage-tax for the use thereof.
franchise which can only be derived from
'gisative grant. The grant must be express
nd unequivocal, and the right to charge for
ne use OF Wharves, etc.Js entirely contingent
pom the duty OF providing and maintaining
ZEN. NO power is granted in the charter of
{. MartinsVllle to erect wharyes, etc. Further,
le evidence does not show that such wharyes.
C., have been provided and maintained.
Judgement affirmed at appellants cown's, /
,st i'll both courts.
Wheaton J. Batcman VS.. Mayor and Coun c
linen of Morgan City. Appeal from the Parish t
st. Mary.-Plaintiffk kept private market in 1
organ City ApprehendinS all enforcement a
alnst him OF an ordinance forbidding private o
rkets, which ordinance he charged with "
he obtained an Injunction D
prevent the city authorities from molestins A
) person and interfering with his business as II
market man. On motion to dissolve, iudr- q
INT was rendered perpetuating the Injunction, p
ON this Judgment defendants appealed. The o
|ect OF the suit seems to be merely to impugn ID
validity OF an ordinance, the text of which u
es not appear Ill the record. The plaintiff IL
skes no compliant that any tax, or fine, ETC., Ill
s imposed upon him. 1t is not until a party LII
peen condemned to some penalty, or has u
III relieved therefrom. that the question of
lstltutlonailty OF municipal ordinance can
agltated by either party on appeal and sl
SEQ upon by this Court. Appeal dismissed M
appellants cost. t,
can Granger VS.. Nancy Singleton. Appeal an
N the Parish of Iberia.-The plaintiff sued CT
ecoVer tract of land, which he alleged of
his. The defendant plead res judicata- A,
SUIT, III another court, between the same ma
ties, for the same property, involving the ba
e issues, had been finally decided. The To
OF court sustained this plea, and plaintiff tb
ealed Judgment affirmed. wa
mt
recession of Nicholas A. Viator. on opposi- his
to Administrators account. Appeal from A
Parish OF 1beria.-A jud gment was rendered sci
aiming the opposition, and administrator To
called, and asked that opponents, creditors. Blu
be made parties to the appeal and cited to Ian
yer it. The judge directed accordingly sci
none OF them We're cited, and appelees to
ed to dismiss the appeal on the ground that the
rder was given by appellant to the clerk dis
ave them cited. But the petition to have tiol
cited was a sufficient notice to the clerk nor
motion to dismiss overruled, and the case and
lnued till next term that the proper parties mo-
be cited. tn.
uta Lague vs. Vincent Boagni ct al. An tio,
from the Parish of st. Landry.-This suit ~
10 annul tax sale, on the grounds: that $50
property was not assessed in plaintiffs ~
, out III the name of other persons who
OF own it; that the proceedings in regard 'ni
tax sale were not carried On contradic. GU, u
with the plaintiff, but against ether -
eS not repreSentinp har 4l,,+ +1,o &C., uSis