The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-03-26
The johnson Case.


M. s134-Cl,arlrs Andrew johnson, ap
police, rs. the Town of DonaldsolNille
appellant. Appeal from the Twenty
Second Judicial District Court for As.
censi"n parish.
The bonds here sued on are Of the same
series With those involved III the cases
of Onbre, Dngas aud Ma,Hin against the
same defendant, recently decided by us
Attempt is made to show that the rights
Of plaintiff as II creditor Of the defend
ant have already been ju,lcially cstab-
| lished in Il suit on the same bonds, by I,
decree Of this court rendered in the IN
reported case between the same parties,
No. Gig on The docket of this court. A
reference to the decree rendered in that
case shows that plaintiff recovered judg
ment only for he snm Of $500, past due
interest, an amount clearly within the
provision made and that as to the bal
ance of his claim for $2Ol1 O5, it was dis
missed rs Of nnn-suit and that the court
directed the collection of tho annual tax
for the years 1871 and 1872, and the pay
ment out of the same of the Judgment
rendered in his favor. The opinion of
tanned by lis, if then set up Mt all, were
would have been maintainable against
the demand for the interest then due
which, as before stated, was clearly with
in the provision made.
Res aHjndicata has no application, and
The claim of plaintiff must fall under the
principles announced in the Oubrc and
other cases decided by us. It is, Therefore,
ordered, adju,lged and decrecd that tho
Judgment appealed from be annnlled,
avoided and reversed; and it is now adj
judged and tlecreed that the following be
recognized and declared to he the amount
remaining unpaid upon the bonds held
by plaintiff and sued on herein, to-wit;
$2493 10 it'll five per cent. per annum
interest on 1860 81 from April l, 1874; on
$3.50 81 from April l, 1875; on $16O IS
from April l, 1876; and with eight per
cent. per annum interest on SOIL O5
from April |, 1876; that plaintiff be
recognized and declared to be creditor
Of the defendant for his rateable share of
the six thousand dollars remaining un-
paid out of the provision made for the
redemption of the principal and interest
of the bonds issued under the resolution
of the Mayor and Board of Seectmen of
defendant, dated March 20, 1866, said
rateable share to be the proportion of
said six thousand dollars which the
amount remaining unpaid on plaintiffs
bonds as above settled shall bear to the
amount remaining unpaid on all the
bonds issAed in pursuance of said PESO
luton; and that defendants be con
demned to pay the amount of said rate
able share.
1t is further ordered that the collector
proceed forthwith to collect the specinI
tax Of one Thousand dollars levied Nv the
ordinance of March 90, 1866, on the as
sessment rolls of 1871, 1872, 1873, 1874,
1875 and 1876, and to turn the proceeds
over to tue Treasurer or proper antholi-
ties OF the town Of Donallsonyille to he
applied to the satisfaction of the debt
due plaintiff according to the principles
stated in this decree and subject to the
orders Of the court qua in execution
thereof. And that the costs Of this ap-
peal be paid by plaintiff and appellee
and those of the lower court by defend
ant.