Volume 5 — Martin's Louisiana Term Reports (1809–1830)

<p>After the de-{⅞⅛⅛£; judgment [las the^on J been affirmed, pontiff' may still appeal have any error to nis <⅛-advantage ⅛ coVetf-edT^</p>

<p>Appeal from the court of the first district.</p>

<p>A police jury inaysueformo-ney expended in paying for delinquent °na planter’s levee.</p> <p>bers of it may be witnesses.</p> <p>The mav beíec'orZ ed in Vrench. When works are especially ordered, the visit of the parish judge is not essential.</p> <p>A law is not Uncons titution-ai which provides a means of recovery for debts due before its passage,</p>

<p>Abiddermay refuse taking land struck to him, on discovery of an ⅛-ctunbrance and theauctioneer’s beforíthe'b'ids ⅛¾ cumbrance.</p>

On the 14th of Octo-bcc? 1818, the plaintiff instituted a suit by at- . v against the defendant for 3596 dollars. . 31 cents, anil seized his property in the hands ofT. Howe, under a writ issued out of the par-court, and on the next day he instituted another suit, in the district court, on which an attachment was issued and levied in the hands of the same person.

<p>Corporations of other states may sue inthis</p> <p>The credit-°rs °fa stockholder cannot seize his share ⅛ any specific p^y^the0 ¡ corPoration-</p>

. In this case, the court pronounced judgment, at June term. See the preceding volume. Mazur eau, on an application for a re hearing. The first question to be decided between the parties was : Is the defendant by the manner in which the sale was made, under the circumstances disclosed by the testimony and after the plaintiffs’ own allegations, bound to warrant the redhibitory vices ?

A. Bordeaux, Marie Louise, and other creditors of the insolvent, instituted suits against him, in June 1818, and on the 10th of July obtained judgment by default. On the 10th he filed his petition for the meeting of his creditors, and obtained an order for the stay of all proceedings against him, before the judgment by default became final. The creditors met, accepted the cession and appointed a syndic.

<p>If A. gives an order to B. to receive a sum of money in Kev> Orleans, andB wri-.es to A. then ⅛ clerk in New-Oilcans and will be a good opportunity' to bring money, and A. desires that he may bring it and the clerk brings it and places it with B’s money in a drawer, it is liable therefor.</p>

<p>if the con, signor desires goodsbe°f ontheSvai ⅛ net proceeds, and the consignee sells belowthe price mentioned, he damages,</p>

<p>if the su⅛ scribing wit"S^out todwritmg1^ th(indeed°wiu’</p> <p>the ⅞¾⅛0* It maynheUpro ses" by witnes-</p> <p>a report . scribed by a witness niay be to weakeif tweenn<wiiate'he signed & what</p> <p>a •witness fertile corporation.</p> <p>Hearsay is no testimony.</p> <p>a member of rated*company *bfor"ite</p> <p>«¾ S'"’ uconTract⅛ def termined according to the medyc¿ tI e íd »ng to lex fon.</p>

<p>If there be no suggestion of fraud or simo, latió o, parol evidence cannot be admitted to shew that a deed of sale waS intended only as a collateral security.</p>

<p>The vendee cannot refuse payment of the price, nor can he require surety from the be actually tlcOnm. ⅜° £</p>

<p>The payment of property f part or" a succession, to a person declared heir to it, by the judgment of a court of competent jurisdiction, unappealed from, is valid, even after tiie judgment is reversed.</p>

<p>One cannot be charged with goods on the testimony of a witness who was present were no/at’theiV Sh interest "cannot dertbe^usiom o. mevcuants, ■wben the goods do not ap pear to have been bought oftKoffand°se</p>

<p>iaymtnt of personal prop-son recogí .ised >Lusf invalid</p>

<p>if a tract of “100 acres,on the side ot the lake/’be sold unlf ^d'Se hiSseif ™ the ■whole fron i of theiarge «act on the lake, which .s less perpend'ct'-0 inciud"6 oo eres, if he do not take mote than a fan-proportion of the good and ¡improves the fae moved ⅛-iheTiLgatlon that he ought to have taken the land in a for,n•</p>

<p>stmt® acer-t>eu «fitT**1 pending the judgment ⅞ deela-red him so, j^anc'eof'f" ^ieroiuiui appeal is tak-irom the affirm ng judgment the payment will tuhVin-ung" atlasTde- " creed not to be the heir.</p>

<p>Appeal from the court of the sixth district.</p>

<p>if a debt sonwhohaSfat í^httodemand extini</p>

<p>Appeal from the court of the sixth district.</p>

<p>Appeal from the court of the sixth district.</p>

<p>One who puf. chases land for, paying it with the money of, another, will be compelled to</p> <p>evi-received thati$ 'Vas so bought and paid for, al- ¿- though the purchaser took tiie detain his own</p>

<p>APPEAL from the court of Uie sixth ~1istricL</p>

<p>Appeal from the court of the sixth district</p>

The petition stated, that the plaintiff lent the defendant, M‘Masters, 13,000 dollars, for the purpose of fitting out his ship, and received for the security of the loan a mortgage and hypothe-cation of her; that 85865, 61 of the said sum remain due and unpaid — he obtained a pro sory writ of seizure, and prayed judgment against M‘Masters.

The petition stated that the defendant is in-deb ted to the plaintiffs, in the sum of 850 dollars, with damage for the following cause, viz ; ^at *n March, 1818, they purchased from him {[fiy barrels of molasses, which he assured them he had on a plantation which he had lately sold, and gave to them an order therefore on his vendee, taking their notes for the said sum$ that on application to the latter person, the plain - tiffs found that the defendant had not any molasses…

<p>Where a risdiction over tlie suítfno ad. parties^anglve ^</p> <p>Thg jurisd acts ©i ApeTsim appointed u.i-derAjisrautliority-; fAnot - they ⅜⅛&-tel‘</p>

<p>jfthe freighter refuse u> receive goods, on the ground that they are dama-gcd, and the may be^ecefZ terwfu'be'set-freighter may anee be made</p>

<p>Appeal from the court of the first district></p>

<p>LPPI from the court of the first district.</p>

This case came again before the court, on a motion to amend the judgment. Qur motion is fb amend the decree so as to give ¡0 the plaintiff the benefit of his contract, and the relief to which he is entitled, according to the Opinion of the court.

<p>Appeal, from the court of the first district.</p>

<p>Appeal from the court of the first district.</p>

The plaintiffs instituted this suit by attach-ujgnt and the undivided half of the ship Fa- ’ - 1 vorite was levied upon. Held: that the delivery of a grand bill of sale, is a delivery of the ship itself.” See Lex Mer. Am. 73, and the eases there cited, 2 Vezey, 27⅞.

<p>if a rule 4s neither enlarged nor .nade absolute, on the day given, ⅛ w¿dí be & oSce’to St£Vh°</p>

<p>If the record does not shew the facts of the case, and that the appeal was taken for delay only, damages cannot be given.</p>

<p>'i'hrec judicial days must elapse before a judgment by comes final,</p>

<p>The tacit mortgage on a estate, begins tutor*</p>

<p>The endorser bdiseitarged, if the holder ne-gleets the proper means of discovering the maker’s rest-dence, and makes no demand.</p>

<p>A motion to dissolve an attachment can* not be made after thetrialhas begun.</p> <p>A witness who deposes of his belief, without giving the grounds of , makes no proof.</p>

<p>Appeal from the court of the third district,</p>

Appeai from the court of the first district.- # Joseph Carrel, the plaintiffs5 brother, died in 1806, having instituted the defendant his universal heir : his executor put her in possession of the estate, shortly after the testator’s death,.and she remained in the undisturbed enioyment of . ...... , „ T J ^ ^ *he SMh °f June, 1817, when the pre-ent was brought: the plaintiffs claiming the estate as legal heirs of the deceased, and alledguig the invalidity of the will, as not…

<p>Appeal from the court of the first district.</p>

<p>When the property, taken under an order of seizure, is in the hands of a ⅛⅛ possessor, judgment must be had against debtor!S1Ual</p>

<p>Appeal from the court of the third district.</p>

The petition stated that the defendant was indebted to the plaintiffs on a promissory note, that he resided out of the state, but had property in it, whereupon process of attachment was obtained, on the affidavit of one of the plaintiffs, and levied on a quantity of dry goods in the hands of the defendant’s agents. A motion was made for a dissolution of the attachment, and witnesses were examined in open court.

^'l,e defendant was charged with the wrongful hiking &nd detention of a slave of the wife, and the Pontiff* prayed he might be decreed to return the slave, pay damages for the wrongful taking i * n a » and detention, and be enjoined in the meanwhile _ . from selling or otherwise disposing of the slat e. rT ' . , . , He answered, that as deputy marshal of tne United States, for the Louisiana district, he took the slave, named in the petition, by virtue of an execution issued…

<p>AppEAt, From the Court of the third district»</p>

<p>unless it was confirmed. a report of yeferees cannot be used, in another suit,</p>

<p>The court Deed noi give aav reason, in a judgment taken by default on atíquí</p>

<p>is not bound i° call his war-fendhim°wheñ does’ ⅛ '⅛ latter may shew, when sued, that he had means of de-fence which would have proven successful, if he had been called on to defend the titleThe vendee</p>

<p>A surety in a custom-house bond, is bound to reimburse co-surety°who whoie'amount goodsvrero de-Uveredand sold by the latter.</p>

<p>if the judgment appealed from, contain none of the reasons on which it is grounded, it win be reversed, and if the record contain not the ev« idence, the cause will be sent back.</p>

<p>On a notice that an order wm be moved sury execution th/wmrt can-menf'for^the amount °of the ecutiom eeX</p>

<p>#the vendor points out s a-telling the ⅛⅛⅞⅛ Space shewn consists ⅛ tile lot, and a space of thirty feet in froittbelonging to another, the .error pf the vendee,' who - believes that the two hundred feet include the thirty, does not vitiate the co n-fcact.</p>

<p>Appeal from the court of the first district.</p>

Morel read’the affidavit'of. P. Tricou, stating that in the month of,Áu^ást’.last* in. quenqe of an advertisement published in the newspapers,, the sheriff of the parish df j^ríeaus, exposed to sale a tract of land, situatedin that parish, seized in the -spit .of -Dumfofd -Ifti.De-•gruya: the deponent, J, Tricon, and D*.

<p>Appeal from the court of the first district.</p>

This is an action ou a promissory note, w bpreby the Charles Gross and Marie Gro->s, his wife, bound themselves jointly and severally, to the plaintiff the sum of 88,600, for value reeery- ®&>' Tire defendant, -Masá© Gross, contends she was juot authorised by her husband to sub-⅛ scribe the note, and that she is not bound as *he security of her husband.

The plaintiffs claimed an undivided half of a tract of land, Which they a Hedged to have been, at the death of their father, the common property of their parents.

This case originated by attachment sued out, under the acts of assembly of 1805, § 11. and of the second session of the same year, pa. 46, § 8. and of 1811, i^Martin’s Digest, 512, n. 1, 516, n. 2,… Held: except,for the parishes composing the first district, at such times as shall be hereafter provided for the trial of ,all civil cases which may arise in the said parish. .

<p>in a suit». gaiiiStanendor-ser notice must beidledg-edand proven.</p>

<p>if the ⅛⅜-Aerea! lt: and 11 matenai % statement of facts., withwt ⅛beingrec- r-nisecl and ave v-ed by the par-Aem^nsísts ° m^de^thout cáse wUi|e remanded-</p>

<p>ifthe petition charges that release, aSg^,”e,a0rtfer' mort§a|e. h-'.a btí re»d>if proven, ana the party left to establish the mis. take by legal evidence.</p>

<p>The court cretion, when5" dihmknofes. ca?te of a non'</p>

<p>,A vessel of the United States cannot be seized to compel payment of toll.</p>

The piaintiif claimed twenty-three hundred doll ars, as her dowry. Her husband had not acknowledged the receipt of any part of it, in ¿j)e marriage contract : her mother had therein ° ⅜ declared, that it consisted in that sum, viz. SfiOO her sh re of her father’s estate, 81000 in cash, a slave of the value of 8600 and Si00 in furni-cattle.

<p>Fraud in a be aliedgedby One who elaimi no right tho» the persons te whom-5 "⅞ °f tendfdW*xfin¡ comes up with the record, it ed 1t£tIftem' proven beiow^</p>

Me pleaded the general issue, nonage and the absence of a regal consideration, There was judgment against him, and he api- The evidence… Held: seen and iead* bjf’several perseas, and that a man, who had been éntrusted therewith, after keépin , ..... ,, had mislaid it. g it fór a while* declared ⅛¾ After having thus established the facts, Marlin developes the principies of law respecting it, and concludes, “ Let us well notice the condition, on wfeicji the Homan law…

<p>A ship sold in Philadelphia, while she is in the port of N. Orleans, may he attached by a citizen of Louisiana,for a debt of the vendor, before the ven* dee takes possession</p>

<p>if a hired horse & gig be drove farther thanwas agreed uponsothatthe horse die, in consequence of it, the owner lhiiyrficovfir the value of the lior9€« ftnd in-terestmaybe score'of d°ama-e jjes for the de-</p>

<p>A Bl')tiS'' ve”-sel, sailing ⅛ Margarita, to ja-taínianding there bringing out passengers, and Amenhn °port" is forfeited, un-naviga-though^she^did p°rr offfnd °n, wiule the shore”1 was m</p>