ht .en$ OrIeans mtrseat
IFFICIAL JOURNAL OF THE CITY OF NEW ORLEArS.
A. O. axea. 1ass. ana d re.wor*w*.
opyrox,.. wo. oay er s''r.
SMait 0aItLY +LT K sLJW
resty 3assepalem, is seras., a: Val ,t.., S
***..ruy. S Mar S"E" isde "" 1 "1e
a.... l I so "" It* Io ** 1 12) •
ugly.. ts.-I so .. in . L is . .I . .. l a.. 1..
IS... 8 **1.0S ** J 38 .. I 0 ** 57 *"
w. T * s Im ". 106 * e
S ... I . I i ..5 I ""
Mi M "" I'l ] "" I3O0 "" I00 " a i m r"
. .. - 18 , 14 I 46 " r o
w1 ap«i eams: 4e\ ~P.,sque ta'..-t.a 7l con
w, ma.i.
lis e/ted pa am emt s aa t. rrv,. sa i.. s (ap
tee L.s. s st e e ea ire.
&d|Sims i at saM.sis ergad as.
t , s T ir. was adverCtEMs gsRt, 1 ee 54arwe
usa 41m!t h e oalrend trafanit rfthe as tay be I
oeamaasu pbesdd., thela s ass.ese bct t ese 4r
l0tensi t 5o t esir str aid o to e .4rect c t
Tea OPRA.-The incltemency of the weather
lhst evening necessarily prevented the Opera
Howse thom being well attended. but there were
many of the fearless present, determined upon v
IatentnLg to the stirring strains of the great com.
poser Verdi. lbe curtain rose on 'he firsttableau
of "" aTvore." to furnish anotLer occasion for
the ap reciation of Mr. Van Huttlen's grand man
ser of eciting the story of the Trora/ore, and the e
chang of semery was made amid much applause.
The p rden scene which ensued evinced that
Pleot, Perost and M'me Carbler were in better
voice tLan ever, and dasposed to make the repris
of Troytore a success. M'me Cambier's voice, 91
howerv, should be criticised, as it wac false dur.
iag thb whole scene, and bsdy so. Later in the
evening this lady's singiog imoroved, e.pecially in a
the du.c pith the Coudt (f Luna, after the Mi-.
srere. ' ho tar so good; ever} bhoy wee a
charn bd wih the play as a whole:
but iirmedately gat er the " Anvil Chorus,"
which was poorly sang. as wel as the b slaice of a
the chdrues, M'lle Bourgeois arose fromn the
aide oh .ro,-rique to express the taro luction to
the Gg'iy song, but was unable to utter a single
sound. After a few ineffectual atempts to recu
peratec she concluded not to sing, and sat down C
for tL4second or third time, weepug, a,parently
very ouch affected, amid the calls fgr a change th
of p.... rmsnre and " Let M'me Bouao sing the
part.'/ The curtain dropped, and it was sn.
acfnci that M'lie Bonrgents, Ler g entirely P
Incspsa tated, the role of Azen'.,t woll I
be dipbnsed with, although the bciance of tke ,
wipera ,ould be snug-" ra!ht," without the
Prie of Demark !-but thMt Eme. Boadro
s ld' ndertake to sing the part of Azucena in s
the 1 a(te s ad be it saul to her credit, not
witls ae ieg the delusion of a singer with the to
parli t,,o ts her band, the public expressed their
grateflnaes by giving her merited applause. We
must 1tot forget to mention that Picot sang the lis
Mi4r re " ine.y, and was encored.,
To -rght "The Midsummer Night's D earn."
" Barr Blame," which was announced for thurs.
day usn .t, will.in all probability, not be performed,
ao t' reason Is this : t'ile lIon geois, who was e
to hs, taken the leading female part in Offeni
baea', opera, has resigned her eugegeme it with fi
the .Opera House administration. Yesterday
moroanr , in oonsequene of her pro'racted ill.
messa- an ealargentent of the langa, we believe - Li
she bd alrseady offered to resign, but Mr. Cala
brest induced her to abandon the idea until. at de
least, after the performance clast evening. The
result is known.
ST. Caalas--Te Wo 7 ite Faw, r.--After pre- th
paralions and Jabors the extent of wrich none
but the initiated can imagine. Mr. Pope. of the Ys
Snt. Charles, brings out to-night that famont spec
tacular dramad "The White Fawn"-a piece of
which sad of the success of wbirn elsewhere few P
obs n have not heard. It is produced with the ad
of Whitman's Parisian ballet troupe, which in- bc
cludes Miles. [iana and Marie Lands as don.
senses asoluta, Miles. Zuarde, tharena and Deverci
as second premiere., and a full corps de ballet,
under direction of Mions. Htarvi. Among the wl
scen s to be preses.ted are the Silver Lik- Ballet, s.
the Wood Nymph's Dance, the Fisher Wal a, a
grand Amason March and the bewildering ('so
San. The gorgeous kansfrmatlou scene, said t t
be the Best spectacle ever pltced upon the an
American stage, will by itself be an attracMon of
no ordinary kind. By all means, we say, if ou
a~s cmlrre the spctacular, see the "White 'awn.
VAUIs lasi-The ezeerable weother of last even- th
trog d med the brightness of Micana rton's b-ne
fit, which otherwise would have undoubtedly been s,
a i brilli occasion. As it was. spite of rain and
wind and cold, the audience was a tolerable one, r
while the performarce, introducitg Mita t)rtu in
two great characters, was posesed of a merit th
which made every spectator involuntarily regret .,
ther.a were not oke there to witness it. As Do,.
Sli'olar te, the woman who keeps a secret. and
asu Aly, lin Norsey Chickweed. with Vaaiug Bow li.
ers as an inimitable .ona,,tha,,., Mi-s Orton sustain- sea
ed hr reputation as both a powerful and a verya
tile setrees. The support aecrded her In the
comr dy by Miss Freeman as Dro,,ar lsbera, Mr. ott
Bheridan as Don, Felir. annt thei members of the a
enmpany in general, was all that could be desired.
Nor lmusct mention of tes bhrt appearance of Mr.
u. B. Barr in the character ,f cr.derick. be oit
ted, nor also of a pretty pas seul between the rio
uneces by Mild. Theresa. " East Lynne, or the 1
Elopement," will be played this eveAin,. hin
AtrAoDmy o MUie.--" Und(ne " will be re
peated to-night, aid not only " Undine," bt what be
we frncy will he even more welct.me in its repeti
tioi the trepese act by Millie Turnr, or, who re- ai
trginag from a seccesful week in Mobile. rep- tee
pears to.night to entertain by her grace and dar
ing her many adairers in thn city. We need not
bespeak fr Miss Millie a flattering welcome-it Mis
will be ,r o tanon. for
$xu's Mipsrx AND Mranautis -This popular
place of resort will always be boead open *t*e**a
8 A: i. and 10 P. ., and oierse to the ispoetna of e
the curious a rare mand carefully collected assoort,. the
meet of weders, aima, vergtaleo Iad mineral.,
-trangers in the city may here be reminded that an
the Museum is doretly opplosite the . Charts.
Hotel.
Fmxrusi'O w O i THE ,JKIrDitrTION OF THE COt'RT C
OF t'LAIMs To LouirtANa AND ARKANSArs --d
heve received from 8euator Kelilgg a copy of tire w
folrwiag bill, which he introdeuced in the 0enaie
on the 8th. It was read twice, and ordered to be d
pinted : be
Joint resolution to extend the provisions of the
act of July 4. I b 4, limitiig the jirtediction of h
the Court of ( :aels to the loyal citisens of the
FIttes of Louisiana and Arksoas. ace
lBe i reCso ed ',y tllr Senate ani lattsne orf te.
p-rastatirc s orf te Ulted States of A.rerict i to
rrgret ass,-rtil.-, The provisions of the act of
the ath of July, l;l., entitled "An act to limit the
jirtsdiction of the Contb of Claims" is hereby ez- th
t~ nded to the loyal citizens of the States of Louii
nSa and Arkansas, and that the act of February In
19.1 il. entitled "An act to deolare the sense of w
an act eatitled 'an act to restrict the juraislction
of the Court of Claims,'" shall not be so construed W
as to prohibit the payment of the claims of loyal
citisens of the United States arising in said taoe eqi
of Louisiana and Arkansas. anything in said act fii
to the contary notwithstanding.
Pr;aLiC Dar.-The feolowing is the aatoment tio i
of the publl debt to December I :
ebt bearing coin interestM, $210.7 3,61; debt
bearin currency interest, $72,140,00t oo mionel
debt sot presented for payment. 8124.86.,364: pol
debt hearneg no interest, $413,102,11 17; grand set
,teal, 82,001,374,14 1l; six per cent. lawfal
e Moy leamed to the Pacific Coumpeaes
-t4,S 000; total debt $264,711.164 t1. Amount
,s e Omry-cotE. P8. 426 374 54: currency, $18,- el
258.s 3 S 1; total. $106.879,320 67 Amoemt of
debt Igso eb..in trotesary, 82,529,031,044 14. w
Wantarg Ilod by the treuryn daring Nevern
bur to met the roqiremenm of the governet
smemted t mad sumbem to the folloewin : ch
(vg, misgeoeome sad foreigt, S ,10: iter- dot
-t on the debt, S24.01,000; wre, 0,5.s6ta. : fu
barvy, $1,0S,000I. b. warrants lisaed for there
dimption of the pCubli debt are not incluhded in
the above, n
eBoner thinks Grant will drive his own team.
Little Nap. has taken to the velocipede.
Mrs. Ben Franklin could not read.
- Butler occupies Thad. Rtevens's old seat.
A traintng school for domestlee is proposed.
Get,. Banks's family are to visit Et rope.
The Courier-Journal pitches into Josh Billings.
It is said Cushing is authorised to buy Cuba.
Ben. Butler occupies Thad. Stevens's old seat.
a The Paducah Herald isto be issued daily.
S A free university is to be established at Iuka.
Louis Goy:ord Clark has been injured by a fall.
Yates is to launch a universal suffrage bill.
Maine Blaine wants the speakershbip.
Francis Joseph wants peace.
O. A. Brownson is recovering.
Chicago expects a million bogs this season.
Gen. Marcy believes in killing Indiano savges.
Ex-Attorney General Lynch has arrived in to . I
Cut-throat weather all day yesterday and al
niht last night.
It is said Colfax will resign the speakership and
take his bride to Europe.
Col. Donn Piatt is the WashIngton correspon
dent of the Cincinnati Commercial.
Patti is to sing In Rustla this and the two follow
tlag seasons.
Boutwell is mentioned as Grant's secretary of
a the treasury.
The Southern Express Company afford as New
York papers of the 10th.
Elsewhere are copies of two bills introd:ed in
Corgrese y benotor Kellogg.
Mrs. Alice Oates is no relation of Felis of that
ilk.
Last Friday was the c ,ideot day in St. Louis for
th rry years.
thanks to the purser of the steamshi, Lavaca
for Florida papers.
We have the Honduras Gazette, of Nov. 14, by
tIe ste nLip Tradr e W:nd.
Joe H1swaid, Jr., is warmly eulogistic of Brick
Pc'mery.
Butler 'ined at the Manha'tan Club recently,
the guest, f Richard Schell.
lelegraph lurse is to be banq.,eied in New
York. d
SHouston will have cock fighting during race
Sweer.
Memphis is preparing for German opera under
H. Gran.
r A morument to Robinson Crusoe is to be erect- S
Sed on the island made famous by him.
Eugenie is goting to give the Napoleonic dy
nasty another chance for perpetuity. di
Geo. Ellis has the American Artizan of the 0
9th.
" Had we have " etc., is the elegant language of T
a contemporary. gi
SWeston likes water and molasses better than hi
spirituous beverages.
'there were 33h deaths in New York last week of
and 167 marriages. M
There are 54t secret political policemen in hi
Paris.
Spinner pitches into copper and nickel currency, ce
calling it stinking, poisonous and irredeemable. th
The Russian Grand Duke Nicholas, brother of
the czar, will winter in Paris. in
IsabElla's useless husband is charged with ap- m
propriating $70,000 belonging to a church.
The Davenport brothers have lost their money, th
married French wives, and got the consumption. ca
Hawthorne's "Old Manse" at Concord, Mass., ac
is for sale. th
Roberts, the new Spanish minister at Washing.
ton, is very handsome and of English descent.
Earl Bnussell is seveotyslx. He has been in par- to
liamentary life fifty five years. bM
Elsewbere will be found extracts from the re. by
port of the secretary of the treasury.
The horse railroad is to be extended to the main
entrance of the Fair (jrounds on Gentllly road.
Gen. Beau Neill has been ordered to convey of. i
ficial documents to Washington. fro
EI.ewhere is a sketch of Mr. Davis's speech at A
Leamington. ap
In another place is a statement of the public
debt. a
The Board of Trade of Marseilles, France, wants sa
the coat of arms of New Orleans. cl
Dickens's eldest son is trying to " raun " All the an
Year luund. bhi
Etihu Burritt had his pocket picked of £150 and thb
papers at a public dinner in Birmingham.
The name of Jellersc.n Davis as the first in the de
book of visitors at the Massachusette Historical the
tSociety, and that of U. S. Grant is the last.
Ole B1l was abard the steamship United States, vi
which collided with the America. but escaped on- pt
scathed, carrying his fiddle with him. cre
Fieke, the champion of stook gambling in New of
York used to drive a peddler's cart in Vermont
and New Hampshire. s
G. A. T. has had a peep at Washington's will, io
and finds that the great man knocked one g out of h
the word aggregate.
It is saidlE. B. Wasburne, of Illinois, is to be (
secretary of the treasury. Per contra, it is said te
Grant has not decided upon his cabinet. Pl
Mr. Laird was greeted during a recent visit to P
the Liverpool Exchange with hootings and cries of sl
" What about the Alabama?" pot
Longstreet was-unpon the dfloor of the United we
States Senate on the 7th, and was presented to
several senatore by Mr. Kellogg. the
A 111 year old negro visited Port Gibson the dot
other day. He remembered Washington, as a
matter of course. ert
" That senators of the United States grow rich tr
in their places," says the Round Table, " is nAto pr
riona." pi
The secret ef safety on the relocipede ise eqii- sa
brium, and that, st first, is only to be gained by str
bo!dness and sleed, as in skating. He
O;e Bull played to the deaf Duke of Devon- hg
shire by connectlng his violin to his auditor's I
teeth with a string. dot
A negro convicted of rape in Yazoo county, fci
Mississippi, has been sentenced to the penitentiary as
for life. g
Whilldin, of Flake's Bulletin, has removed his sa
peyaual sauctum to Austin, where he is watching ai
them mwMit.
Republtian congi e sep
an opinion on both sides of the Indian burean mu
questios. t
Ex Deptity Collector Stockdale has gone to Chi the
cago on business oonnectnd with the grain-lor
warding business. the
The New York World has added an eight-cylin
der press to its priating resources, and claims to ps
be able to print 50 000 papers in an hour.
The president and seyeral foreign potentates s
have condoled with the surviving Itothschilds on
account of the death of James. an
Lee.. Mass., is becoming deserted by emigration pe
to the Wert.-[Ex. ad
Peter wants to know it be is to understand by aft
the above that people are deserting Lee en ,iiass. obj
The report that Couster has beens killing friendly pui
Indians is ,ail to be a davice of the Indian bureau,
which reads Ihe doom of its policy in an active tili
warfare against the red askins.
The colored Triboune thinks Mr. Dann fully the the
equal of Mr. Warmoth, and that the latter in. 1
fringed upon the rights of the former in delegat- she
iug Private Secretary Reamle to perform the func
tions of governor during the recent illness of that pia
funetionary. act
The wife of Commodore Thompson, who is re- fo
ported among the lost in the recent steamboat dis
sater on the Ohio river, was quite well known in
this eity as a Iady ef rare social accomplishments.
Ber home was in Philadelphia, ia the refined so fer
eiety ef whichcity her loe wI11 be deeply felt. frol
Bishop Wilmer has appointed Ray. A. G. Bake. T
well. rector of Mount Olivet Ohrch, Algiers, a coe
itinerlat msslory for the Red iver and Ona- t
chita rell.o. Mr. Bakewell, thea whom a more I
devoted sd sealous regions advoo e is not to be not
found la the ISeth, uhas departed for his new field d
of labor. The sympatbhes and prayers of a mul- mal
tiuide of friends will follow him.
SUPIRE E COFtT DECISIOSm.
The following important decisIon of the Ro
preme Court were delivered yesterday, a fall
beash present:
BY ASBOCITIg Jr-TICE W. W. HOWE
No. 1448- eve Dubroes vs. Wm. 8. Pike:
David N. Barrow vs. Wm. S. Pike-Pitot & Bright
for plaintiffs and appellants; Morgan & New for
* defendants and appellees- Appeal from the
Fourth Distrtit Court of New Orleans.
The plaintiff sues to recover the sum of $19,
752 91 with Interest from September 14th, 1°63,
upon the ground that he was a partner wi-b the
defendant and others ln certain purchases and
ll. sales of sugar from September 29. 162. to Sep
tember 14, 1863. That a large profit was made
and declared upon the books of the firm; that
the share of the plaintiff, being the sum men
tioned above, was credited to the defendant for
plaintiff and that the defendant withdrew from
the firm these funds of plaintif and has since re
tained them.
A maes of testimony appears in the record, andI
. numerous questions have neen raised by counsel,
alt but the view which we have taken of the case
makes It necessary to consider but a single puint.
It clearly appears that the whole transaction was
ud conducted in what were called Confederate notes.
The sugar was purchased with these notes, it was I
sn- sold for them, and it even appears from the tesrt.
mony of Crutcher, one of the parties to the
alleged partnership, that the amount thus real
w Ized in Confederate notes was at the time
of the trial of this case still in possession of
of C'rutcher & Co., by whom the sales were made.
Even if we admit, therefore, the truth of the 1
allegations of the plaintiff as to the partnership I
Sw and the profits, we cannot lend our aid to settle
disputes in regard to such transactions and to
in divide their apparent gains. 17, A., 2? , 19 A., 161,
1,4. 257. 269. 2,8. 359. I
We think this question not oily firm!y settled in I
ct cur jrrisprcdence, but rightly settled. But it 1
at.ere were dubt as to the correctness of thls
or c(ries of decisions we think this court cannot now
etforce the matters of contract disclosed in this I
case. By article 127 of our present Cousnitutiou, I
ca all agreemnerts, the consideration of which was I
( onfecerate ironey, notes or bonds, are declared
y to be null and void; and It Is directed that they t
shall not be enforced by the courts of this State.
We think the case at bar is within this prohibi- t
k tion, for the business of the alleged paritershtp I
was to acquire and divide Confederate notes, and I
,et' f urdation of the action is the averments that I
the defendant has resecved and retains, the share
of profits accruing to plaintiff.
w The judgment of the court a quo was in favor of a
defenoant. p
It is ordered and adjudged that the same be
affirmed with costs in both courts.
sr BY ASOCIar JnTtiCI W. W. HOWE.
No. 1847-Joseph H. Wilson vs. Shroeder & c
. Schrieber and Jacob Zoelly. Hornor & l Bnedit
for appellant; Julien Michel for appellees. Ap- e
peal from Fifth District Court of New Orleans.
V- This is an action agalinst the defendants, Shroe-.
der & Schrieber, as makers, and Zoelly as indorser t]
of a promissory note. c
Judgment having been given against them. it r
solido. the defendant Zoelly alone h's appeale,. Il
If The appellee moves to dismise the apoeal on the i
grounds: it
First. That the defendants Shroeder & Sehrieber e.
have not been made parties; and
Second. That the appeal taken on the 22.1 day ti
k of May. 1868, was made returnable on tue tiith a'
Monday of Jnne following, when it Phould have tf
n been returnakle on the first Monday of ,ovember, P
1+68.
As to the first ground, it is true that In many
cases of judgment in s;ido this court has dect led
that the judgment debtor who appeals must make
his eoodelendsat an appellee. The principle is
that such co-defendant who does not appeal is r
interested to maintain the judgment, in order to
maintain his recourse for contribution against the fr
appellant. But In this case there Is no pretense fr
that the note was made for the accommodation of re
the isdorser, but on the contrary, so far as we of
can perceive, the indorsement was made for the of
accommodation of the makers. The makers,
therefore, can have no recourse for contribution g'
against the appellant, and have no interest In the ot
maintenance of the judgment. in
We cannot see that the second ground convtl. at'
tutes any reason for dismissing the appeal. The di
statute of 1864, invoked by counsel, was repealed 6
by the statute of 1866, and has not been revived "
by the statute of 10657. (C. C., 23.) ar
The motion to dismiss is therefore denied. w
BY ASeOCIATE JCTICE W. G. WYLEY. tU
No. 1441-Marquise de Ia Villa Palms, vi. gs
hbat & Generes et al., appellees. - Appe tl a
from the third District Court of New Orleans. th
A. and M. Voorhies for appellant. C. Duf ur for de
Abat & Generes, and L. Casters for E. F. Mioton, do
appellees. an
Plaintiff, the purchaser of three lots, snbjeci t) fu
a special mortgage with pact de nosn dlienando, vs
a sees to annul a subsequent sale under the fore- fri
closure of said mortgage. tat
The sale was made under executory process, via
and the three lots and improvements were sold in an
block, although appraised separately, and al- Ie
though described in the act of mortgage as sepal- pr
ate lots. Plaintiff vendor, A. Costa, had mort.
gaged these lots pr;or to selling them to her, and to
deftedants had become the owners and holders of pI
I the mortgaged notes under which the sale was Oi
made, contradictorily with a curator ad ha,.-, rep- pL
resenting the mortgage debtor, A. Costa. who to
was an absentee. The appraisers were duty ap- hi
pc inted by this curator ad hoc and the mortgage co
credit rs on the day of sale. They appraised two i
of the lots together at $1800 and the third lot by de
Itself at $10-0), making the total amount of ap
traisement $2'00. The curator ad hoc gave the pe
sbetfli 0o instructions whether to sell tie property 281
in block or separately, and the same was sold by ev
the sheriff in block. under instructions of the seiz- fu
ing creditors' counsel, for toe grice and sum of
$t75 cab.the
On the trial in the lower court there was jndg. of
cent In favor of defendant, and against plainul. io
Ptaintiff has appealed.
She various grounds of nullity set out in the co
petition are all abandoned by the plaintiffs coon
eel in the argument before this court, except the
position that the sale is null, because the lots
wera sold in block by the sheriff, and not sepa- re
rately. so!
ie concur wtth p!aintlff that the lnsertion in jut
the act of mortgage of the pact ideu w aliet d >,l ap
does not invest the mortgage creditor wtan toe Ae
right to disregard the forms of law in making the Or
forced alienation of his mortgage debtor's prop
erty. We think the non alienation clause springes
fr m the agreement of the parties and not from a del
prohibitory law, based upon motives of public by
policy forbidding the transfer of property so i
moitgaged. The advantage of this clause is to m'
save the mortgage creditor the necessity of re- 1a
porting to the delays of the hypothecary aution. no
He can proceed to enforce the mortgage directly
against his mortgage debt r without reference to the
the transferee of that debtor. the
lhut still the transferee is subrogated to his ven. ret
dor's rights by virtue of the purchase and his suf- or
ficient interest in the object of tae contract of fer
mortgage to cue to annul the sale if the forms of be
law have not been complied with by the mitt. the
gage creditor of his vendor in making the forced I
sale. But from a careful examination of the law me
ad the evidence in this case we cannot con-ur lea
wIth plsintiff that the sale is null becquse the 1its lon
separitely. The property sold in block for a
much larger price than its appraisement which tug
was made separately. There is no evidence that B
the bystanders would have bid a greater price if
the tierting had been made separately. tr
uInt what right has this plaintiff to complain of ant
the sale of property which sihe only held subject Bla
to the rights of her vendor's mortgage credit1 rs ?I
With t.e non-akenation clause she could not ex- 1
pecrt to be made a party to the sale. bbe occu- pri
pied no better position than her vendor, and the F
sale was made contradictorily with him, through me
the curator id i ,, appointed by the court, and the
we regard the sale as vald. Even if the defend- tiv
ant in execution had the right to require the pro of
perty to be sold separately, which we di not pe
admit, still the bchjection now comes too late, i'j
after the sale has been made contradictorily with jud
the corator ad /,,c. We cannot now permit that tha
objection to be set np to the title acqiured by the Ior
purchaser. (1 A.. 725, 72;.) tioN
The officer who made the sale in this case tis- tati
tiles that the curator was present and appointed abc
an appraiser, but did not require him to sell the am
property separately; and this is corroborated by 2
the evidence of the curator ad hoc himself. cur
The objection that the property was sld by the she
sheriff in b:ock now comes too late. (See the am
case of Taylor vs. Graham, 18 A., 656 )
I reasons assigned, we are of opinion that the tin
plastiff huas failed to make out her cuase, and her the
action of nullity must be dismissed. It is. there. tio
fore, ordered that the judgment of the district daJ
court be affirmed with cute. tht
BY ABSOCIATI JUSTICCE L I. HOWELL.
Je. 1396--A. Bchlenker, liquidator, apDellse, vs. hi
B. W. laliaferro, appellesat-Cottoe & Heariques of
for appellee; lHawkiask Fish forppelleLt. Appeal stre
from the Third District Court of New Orleans. trio
This is a suit oa a pronsJsry aote sad open sa- 184
count, in which the maxim ostra mow cofenitem T
oqere oula ctural prescriptio is invoked agalnet v
the plea of proscription of three and five years. ed
It was aggeLted at ber that the -m roked is md
not withis the Juriedletie thi seerSt, but we wi
iSad tmat the lmerest serned a the mete at the hew
date of Istituting the mtt, Septemher 5, 1866, It
mahs the total of the note sad aceount exceed agai
500. The proof is that the partie resided, at the app
dua of the note, January 1. 1861, in the parish of
Catabonla. in this Etate, and that in January, 1864.
the defendantcasme tothis cily, wherehe bas ever
11i nce resided. sad wan the postmaster. There is
nornesn assigned why sat coed not have been
brought agatinst him in the courts of his domiolc
before prescription on the note was acquired,
January 2, 1866, and according to the doctriae of
t the case of Babel vs. Pouecian. 20 A. 31, the
r maxim tnvoked cannot avaII the plaintiff.
It is therefore ordered tbta the judgrment ap
peals, from be revelsed and that there oa a joui
ment in favor of deferdant. with costs in both
courts. Mr. Justice Taliaferro reoused.
d BY ASPOCIATE JLSrICI aJ . TALItArIsO.
I- No. 141.-Gnstave Brusle, appellant, vs. Pierre
I Bsoave; third oppa,sitiun of police jury, left bank.
it parish of Jefferson-Alfred Grima & P. J. Cooley
for plaint if and appellant; B. C. Elliott for po:ice
r jury. appellee. Appeal from becond Distrit
I Court, pariah of Jefferson.
t" The police jury of the parish of Jefferson, left
bank, come in by way of third oppoeition claiming
.1 by preference $1375 75, with Inoterest and costs.
1, out of the proceeds of a tract of. land sod under
e a writ of fierifcis issued at the suit of the
I. plaintiff, baring a special mortgage on the pro
a perty sold. The opponents aver that their olaim
. as for parish taxes on the property sold, for a
a series of years consecutively, commencing with
the year 1860 and running to the year iL~6 incln
e sie. and for interest and costs arising from their
I- non payment.
e The plaintiff and appellant resist this claim on
tf several grounds:
1. That no legal assessment of parish taxes has
e been made against the tract of land sold under
p his mortgage, and that no such taxes are due.
e 2. That for toe years 1860, 1861, 1882, 1861 and
u 1864 the alleged assessment was upon a large
numnber of slaves, borses, stock of various kinds.
a carriage, tr ... as well as upon the land; and if'
hound at ah ',r any of these taxes, he is not
t bound for t .,t portion assessed against the
a slaves.
S. Prescription-That if the land sold were ever
liable for the taxes claimed, the privilege granted
by law upon the real property tosecure their nay.
a nient is extinct by the limitation of the lien oftwo t
Srears from the 1st of April of the year for whica
the assessment was made.
4. That if the assessment be legal it was madeI
upon an entire tract of land containing 1600 ar
pents, while the part of that tract subject to
Splaittiffs mortgage and sold contains only 461 ar
pents, and consequently, that if subject to him at t
all for the taxes claimed it is subject only to a
proportional part of tha amount assessed. The
opponents had judgment for $643 90. with first
privilee upon the proceeds of the land sold. The
plaintitff appeals
In this court the opponents and appellees pray
to have the judement of the lower court amentled U
hy allowing them the whole amount of their
claim.
We have given a careful examination to the
evidence introduced in this case, and are not
satisfied that it eetablishes with snll:fent cer- d
tainty that the forms strictly required by law in
the making assessments of property have in this
case been observed. As far as disclosed by the
recoad we are unable, from want of description of
the property assessed, to identify it as that on
which the opponents claim the privilege. Taking ti
this view of the case we deem it unnecessary to
examine the other points stated in the defense. to
It is therefore ordered, adjudged and decreed d4
that the judgment of the district court be annulled, T
avoided and reversed. It is further ordered that hi
this suit be dismissed without prejudice, the aP. t
pellees paying costs.
BY ASSOCIATE JESTICS W. O. WTLgT. I
No. 1421--Wi . Munrhy, appellee, vs. Morrits jo
Kaufman, appellant-Horner & Benedict fr ap- qt
pellep; Gustavus Schmidt for appellant. Appeal ti
fromuixth Pistrict Court of New Orleans. at
In 1864, defendant made a contract with plaintiff
to convey his goods in the wagons of the latter
from Franklin to Newtown, In this State, and to er
return the teams immediately after the completion 3
of the contract to the ovner at Franklin. The 8
coneiders'ion of this contract was one hundred
dollars, which were paid in advance. After the fe
goods were delivered at Newtown and the wagons ha
unloaded, and whilst the drivers were about start- Pt
ing back with the wagons, pursuant to the under- ne
standing of the parties at the time of the hire, the in
defendant prevailed on the drivers to convey the PI
goods from Newtown to Alexandria, which they '
did. In this trip and at Alexandria, the wagons
and teams were taken or lost, or from some cause
were never returned by defendant to plaintiff. an
To rmcover the value of this property this ac. be
tion was instituted. On the trial the district ju.le an
gave judo ment against the defendant for $2.;1) co
and interest and costs; and he has appealed. We be
think the judge ayuo did not err in overruling m
defendant's exception that plaintiffs petition Po
does not set forth when the contract was made. n
and whether in writing or not. Plaintiff's petition del
fully discloses his cause of action; there was no tbi
valid ground for the exception. We are satisfied
from the evidence that defendant made the con- pr'
tract as alleged, with plaintiff, and afterwards of
violated it for his own advantage or convenience, Col
and by reasen thereof plaintiff lost the pro- doh
perty mentioned in his petition. 'The vane of the til
proterty is fully proven.
We do not find in the record sufcient evidence er
to satisfy us that the drivers were the agents of col
plaintiff, authorised to contract with defendant. be
On the contrary, it seems they were only hired by ,
plaintiff to drive his teams to Newtown and baci
to Franklin. And it also seems that defendant m
himself had charge of the wagons; the drivers we
consented to go on to Alexandria because they
did not wish to leave the wagons which they en- rei
dently thought defendant would take anynw. rel
We also concur with the district judge, that til
general order No. 9, issued by Gen. Canby. o boh
28th January, 1866, does not apply t" def-,,dnt. ret
even if he were capable of exercisin military tsi
functions or enforcing a military order. les
We do not think from the evidence that he took mC
the property in question in pursuance of the orders mc
of the presideni or the commander of the foroeus
in that expedit on.
It is tIerefore ordered that the judgment of the the
court below be affirmed with coat. w
nY ASsOCIATI JCSTICI w. w. now:. e
No. 1431-Vilenaeuove La Blanc Jr. & Co.. au. tio
rellants, vs. . E. Perrux, Phillippe Marsonudet tic
sabrocated, appellee; Jos. H. Grover, secrity in. cal
junction, on ood, a7pipelat-d, and J. over tor the
appellant :L. ('a-ters and f Huin for ai,,ellee. peI
Appeal from the Sixth District Court of New Co
Orleahs. ri
This is an action of nullity. the
The juegmert sought to be annulnel was red coi
dered in a suit upon four promissory ntes mane ply
by Villeneuve LeBlanc Jr. & ('o., of the perish of oi
West Baton Rouge, who in an act granting a Cit
mertrgage upon their plantation, sittouated in the ing
parish of West bLatou Rouge, to secure these
notes, consented as follows: of
Bere the act of mortgage is recited, electing ir
the oice of Bellocq, Noblom & (co.. or that of ha'
their successors in this city, for their domicil, and ear
renococit~r the benefit of any laws now in force Psi
or hereafter to be enacted, providing that the de- the
feordants can only be sued or proceeded against oat
before the jodge of the district or pariabh whereii me
they reside or have their domicil.
In this action "upon the promissory notes, com- be
menced in the Sxlh District Court of New O- we
leans, the return upon the citation was thefol- the
lowit g: of
rng petition on A. P. Noblom. agent of V. Le 1.'
B snc, defendant herein,. persoally, tri
Upon this return judgment by defanlt was a- rn
tered, and in due time the default was confirmed f f
and judgment rendered against Octave re- tife
Blanc oand V. Iel:auc. composing the firm or V. to
lI-Blanc. Jr. & ('o.. in soliro, for the sum of tra
$16,(i0. with sundry arrears of interest and wi:h the
privilege on the property mortgaged. for
Steps baving been taken to execute this judg. ery
ment, the plaintiff, ia the cuse at bar commenced tim
their action of nullity upon the ground of defec- wh
tive citation and invoked the customary remedy 1.1
of lihjunticn. 1he defendants (app.lees) rap.
peared and answered, and moved to dissolve the tair
it juncuon upon the'ground, substantially, that the muu
judFment debtors had been properly cited and coo
that the citation and return formed a legal basis V
for a judgreent. Thejudge oqo denied this mo- Jn
tion, being of outilon that the service of the cit- the
tation asu liscloaed by the return we have quoted of I
above, was not a compliance with the Ilw and nt
amounted to no citation at all.
The defendants nla lojnctneion thereupoa pro. tha
cured an order permiting the return of the by
sheriff in the case of Perroux vs. Leltiano to be fees
amended as follows: :dit
In conformity to the tuallag of the court permit of a
tiag an amendment to he made to the service of
the above citation. I now make the followig addi
tional return and amedment, to-wit: That on the N
day named in the said retar, I srved a copy of Weu
thils ctation and aecompayilag ptitiom, as i HJn
said return set forth, by serving he same on A. aj
P. Noblom, personaily, who, at the time I served the
him, we in his conatig room or oofe, heleg tat for
of Bellocq, Noblem & Co., No. 61 Ceadelet Fift
street, on second floro of sild budldng, Fimt Dis. 'li
triet of Iew Orleans, New Orieaq, N.. 16, Joa
The euae esme on o be el ade the seen eqro deft
nve jedglmet for plalth, bet rthaferlrt- peal
ed a new trial, and apea 1 o6 ** bl** gav, nsa
.adgmert for def,en ,4eslb thIe tastio8 pa
hve appea ,. 1
it is well ttled that a inigmant mnered iona
against a party who has ither been site nr Stat
appered, in absolaie nalinY. That a eeaI ted
b of can presume nothing with respect to a party be- I
864. ing cited; that nothing will cure defeots of eita.
aver tion or wnt of service except appearing and as
re is swering to the merie ; that the proof of the ser- I
seen vice of a oitatioa is not a matter en pais and there
Jll can be no evidence of it but the aerif's return I
red, 'unless service be waived by the appearance of e
eof party. That the servieo mnst aspet by mat
the ter of record and no parol evidence of It can be i
received. (U. P., article 206, Harri rv. Alexan- 1
ap der, 1 R. o0)
I n Tested by these elementary rles, the citation
oth In the case of Perroa vs. Le Blaeo, as evidened
by the original return, was clearly defective. I
Thbere is no allegatlon of ageecy in the petition, I
and admitting that Le Blae., Jr. & Co., in electieg a
arrs as their domictil the ofce of Bellocq, Nobleom &
Ink. Co., in New Orleans, elected it as a place to re- I
oley ceive citatione, it does not appear by the original
ice return that the service was made at this elected
.iot domicil, nor does it appear the servieo was made I
upon a person apparently above the age of four.
left eein, livirng In the house. (C. P., 189, 21 ; 16 L..
ling 590; 12 L., 547.) The defendant seeks to avoid I
t*t. these concluauoes by conteading that the election
,der of the office of Bellocq. Noblom & Co. asa domicil I
the was a mandate to this irm, and each of its mem
pro- bers, to accept services of citations. In support i
aim of this proposition his counsel have cited Prench
it a commentartes and decisionM on Art. Ill of the I
rith Code Napoleon, and have nrged that althaoota I
cii- that article is not to be found in our Civil Code, .
heir het is equivalent is to be found in C. C.,
Art. 11.
i on The court, after citing various authorities,
decides as follows:
has We think, then, that the judgment in question I
der In bhe case at bar must rest upon the facts evi- I
dr ne, d by the original return, and for the reasons j
n g en above must be annulled. If, as matter of t
rae falt, he service of citation was proper the de- 1
id*, fendants herein can still proceed to perfect a I
d it judJmeLt in the case, since the present judgment
not ing annoulled there can be no obj .ctiou to such I
the amendnment of the return as will make it conform c
tJ the truth. t
ver It is therefore ordered and atjndged that the a
ted judgment appealed from be avoided and reversed, c
a.' and that there be judgment in favor of the plain- h
e tiffs agail at he detendarts, avoiding and annulling b
ict the judgment of the lbth District Court of New I
OrleU a in favor of L. E. Perronx vs. Villeneuve
* LeBlsro. Jr., & Co. in the case numbered 13,927 t
ar* of the docket of said court; that the order of in.
to junction Issued herein on the 6th February, 186;, a
ar. be made perpetual and that the defendants pay t
at the cots of both courts.
oa
Che AsSOCATI JaTsric- w. G. WLTay.
e o.t o 14co0-ank of New Orleans, appellant, vs. a
be B. Toledano & Taylor: A. J. Doltlo third op- p
ponent, appeliees--Elmore & King for appellant:
sy J. L. lesuot for appellees. Appeal from Third ri
led District Court of city of New Orleans. 6
*ir On the 17th December, 18, the defendant, it
Taylor. intervened in the marriage contract be
the teru li, dauiterr and third opponent, and in
tot consideration of the marriage made a donation as a
er- donery unto his daughter of two lots of ground
'n with the improvements thereon, situated in this
h cily. dl
h he donation was made and accepted in proper in
of form and the sact was duly registered in the mort.
on gage office, parish of Orleans, in a book of done. I
Stions kept in that ( liee. Ia 1866 plasitiffreceived of
tO judgment against the defendants, based upon an tb
indebtedness which sccrued subsequent to the
ci donation and levit d upon the property d mated. fe
'i To tesist the sale of this property A. J. Dulliho. the c
lt husband of the daughter of the donor, iis i:nted 1I
', this proceeding of third oppositlon and iij ln-ton. Ti
On the trial In the court below there was jude th
ment in favor of rh:rd opponent perpet tally en E
it joining plaintiffs from seiling the property in th
Sqouestion, and decreeing judgment against plain. tra
a tiffs for 1300 special damages as attorneys fees
at d costs. Plaintiffs have appealed. dr
t The question presented to us for determination ca
r s whether the third opposition title to the prop. fr
to erty seized was inscribed in the manner required tre
by law so as to gire effect to the donation as th
a aganst third persons. to
e Plaintiffs contend that this donation wasa trans. ch
he fer or coveyance of the property, and should wl
hbae been registered in the conveyance office in l
t pursusnce of act lý27,page 136, but the third opo ch
r- nent inslste that the donation was duly mnscnhed in
in the book of donations in the mortgage office
10 pursuant to article 1541, Civil ('ode, and that an we
my inscription in the conveyance office was anneces- rel
Ssaiy. so
"The act of 1,55 created the office of convey. the
sncies and requires every act of conveysace to fe
be inscribed to that office. If this act of donation wr
ae mourts to a conveyance, it should have been re wi
corded in the conveyance office and need not have by
r been registered in the book of donations io the
i mortgage office. This court has often held that ari
i possessicn under an act of sale It not sufficlent fez
notice to creditors and subsequent purchasers to nog
defect the registry laws, (14 A. 414 and the an- thi
n thoriteis then cited ) ern
iDoes the title of the donee depend noon the law 1
Sprescribing the forms of alienations and the mode ftI
s of registry thereof' Or does it depend upon trs
ccnmpliance with e law prescribing the forms of thi
donations inter ticC, and the mode of registry for
thereoft ?Li
Would this act of donation of the lots, prooerly tra
e drawn up by the notary, have been valid it re- 1
corced in the conveyance office and not in the tih
book of donations in the mortgage office ? u
We think not. Article 1541, Civil Code, says: jud
"When the donation comprehends property that sac
it may legal;y be mortgaged the act of donation, as
well as ehe act of acceptance, whether the accep
tanre be de bythesame orseparate act,mustbe
reg.stered within the time prescribed for the Cit
registry of mortgages, Ina separate book kept for Mo
that purpose by the registerof mortgages, which pel
bork shall be op n to the inspection of all parties Orl
requiring it." A:ýitce :1351, Civil Code, rquires
y the recorder of mortgages for the parish of Or- the
leans to keep three retisters, one for conventional se
k mortgages and privileges, another for judicial e,
Smo.tglsges, and a third "to record all donations at
Swhibch "hare to undergo that formality." low
What was the object of registering the act in dot
i the book of donations in the mortgage offi e ? It ant
was evidently to give notice to give It etfeot as bo
against third parties. It was a notice in the man
ner pointed out by law. We think the constita
. tion of dowery in this case was neither an aliena
t tion nor a mortgage ; that the act did not Irrrevo
. cably invest the donee with ownership; that Lot
r the validily ,f the act and its effeot sgrlust third He
persoons Is bsed upon te articles of the Civil it
w Code perscr:b:in the forms of donating iht-r
ritcs, and tle mole of registry thereof. We thnl CO
the act (of 1.55, perecribing the modeof registry of "A
conveyances of imrnovable property does not ap- at
a ply to donations i,tr tires ; that neither the act p0
i of 1,27 nor the a- t of l-35 aepealas article 1541,
a Civil 'Code, which preacibes the form of register: alt
Sing donations iner ciros. lb,
e Plaintiffs brief cites us to the language of act not
of 1855, page 3.,5, which declaures "that no no thi
g isrial act concerning immovable proper'ty shall
if have any effect against third persons unti the cot
Sesme sbhall have been recorded in the unifce of bu
e perish recorder or the register of conveyances of '
Sthe parish where such immovable property is ait Lif
it uated. It this language is to be coestruend to
Smean all acts ifec~tig immovable property, then its
mortgsges as well as donations intr cir(,r must me
be regtate-ed in the office of the conveyance, and cea
Swe are to infer that this act repeals the article of
Sthe (. C, prescribing the form of registering atst
of roortazg a cts of donation it,t'," ric,-.
tnon of that act. Plalnil obeeadthat if Art. he
S1241, C'. C , is not repealted by the statues of regis. i,
trstion that that article has no applicaias to ner
Srinse contracts. We.think Articles 1727 and 1317 of
d of ('. (C. completely refute this position of plain. ow
tinfs. Art. 1727. '. C., eclares that " every dna mo
Stion ithetr rir. though made by marriage con
f tract to the husband and wife, or to either of
Sthem, is subject to the general rules prescribed
for donationse made under that title." The dow- M
ery of Mrs. DIutilho was settled by her farther at a
I time when he was able to doeo; it wmedoaatin Gs
which had to be registered according to Articl oe
\s thrink the juidge ap ieO did not err in main and
a taiDing the irtjoi.ttn ; but the judgment however
a moust be amenrocd as regards the Iallowance of A
Scoornsel's lees. Tr
S We know of no law authorizing plaintiff in ina
Sjunetion to recover from defendant. in Injunction i
- the amount incurred for counsel fees (,e the case ra
I cf Dyke vs. Dyer. reporfted in 14 A., 701, and the in
a uhorities therein ct'ed).
It Is therefore ordered, adjudged and decreed th
that the judgment of the district court be mended P5
by strinking out the cloue allowinog $300 coonnael C
rfee, and that the judgment so amended be art
affirmed with cost., the appelee to pay the costa
ot appeal. not
coiitesaIr oner asrastaD, Dol
No. 1410o-Preldent. direetor., ete., of Bak of Poa
West Teranessee, vs. Cltisees' BnLk of Leielaa, ert
Hays, Adams & Moise, la the leower coort, aid Dr.
Hays & New, lr the S prenme Court, for plaltfl, art
the appelle, and A. Pilt sad Thoe. J. Slemmae,
I be opinion of the coert was read by AssoLate
Jutie wyley, as follows: la
ioas aonesses thib Mseb -gelset the tole
defeeot to reover a r e cash helee fa de
pelels ind eothesteus by the lefeniut, *0 CI
m haesf rLe tase for sa on ee-e Home
Defeedut esa up is mweaw * bt .
I aona between the prtes ereo la Cealederae
States tresury aote; sad tIa t** 10th Sep. prt
tember, 1863, the smeu lei by pId·sY was pie
e- paid over to the United State quartermaster, ti
t. obedleace to Geeral Order No. 202.
m- Oa the trial in the distriot court there wasedg*
er- meat In favor of pnlattiafor $0.887 22, w'itb fi
re per cent. Interes thesqeefrom 10th BeptSmbhr
ra 1863, sad costs.
e Dehaat has ape aNld
t In the invelgsti of ti ease. the grst Import
be st qssUea praesated is: Were the traunsatiom
n-. hetween the phlantif aed defeadast based upon
Confederate treasury notse?
oe Plantiff hb lled ia this suit the account cur
ed rent of defeadart, extealing from 17th March,
re. 1861, to September 11th, 1863. Planftil's wit
n. anses state that this aooount urrenti a correct,
as and that it was seat to plaintiff by the defendant
& nader cover of a letter, dated May 2d. 1866. whicLh
e- is also rSed. There are several entries in this sr
sal coont of Confederate treasury notes. We have'ob
ed served a very large debit of $200,000 entered la
de that account on the 26th May, 1862.
ir- PLtaltiraction seems to be based upon that
L.. account to recover the balance due thereon. It
S is true that the record discloses no positive proof
on hat defendant was Instructed to collect (for) the
cil defendant In Confederate treasury notes, but a
m- careful examination of the record satites oa that
wt ptaintiff knew that his transactions with defendant
oh were on a basis of Confederate notes. This large
ie entry of $200.000 in the account is explained by
lh the correspondence of Mr. R ,useau. the cashier
le, of the Citizens' oank, with Mr. May. the cashier
C., of the Bank of West Tennessee.
On the 20th May, 1856, Mr. Rousseau wrote:
as, "As you have in our hands a Irge amount of our
rescy deposits, without belre able to bring it
on back, we think it more prudent on both sides to
vi send yeo by hearer, L. E. Simonds, Esq., a large
us portion of said finds ; the balance may be sent
of to you to the same manner, if yop desire it, on
le- which tlease instruct us by return of Mr. li
a meads."
ni On 24th Mey, 1562, Mr. May, the cashier of
ch Beak of West Tennessee, relhed : " I have re
"m ceived your favor of 20th per Mr. L. E. Slmoode,
together with $200 000 treasury notes plooed to
be credit your account. I have a good many ohecks
d, out which may pass through the lines or may be
o- held should I not be able to take them up here; I
g bhave not charged you with san of my collections
w fr some time ; do not sendJlre the balanooe, our
we paper, past doe yod, will hold, as I fear to take
27 the risk of tranmison."
i- By tbhis correspondence It eppears that there
;, could have been no minand*rstarding hetween
y the parties as to what was me:t by the expressio
of " currency deposits," beecause on the 24th May,
It 2, plaintilffwas in possession of the letter of de
fendant stating. you have in your hands a large
s. amountof currency deposits ; we think it more
p- Prudet,. on both sides, to send you by Mr.
t: mnde a large portion of said, funds. Plaintiff
rd received, without objection, trom Mr. Simonds the
$200,000 ('onfederate States treasury notes, know.
it, on they were a "large portion of said funoods."
e What does the expression in plalutif's letter,
n "Do not send the balance," mean? " I have re.
s eslved your favor of the 20tL per Mr. L. R. SI.
d monde, together with $200. o0 treasury notes,"
s " Do not send the balance." The balance evi
dently mesant the amount of the treasury notes re
r isining In the hands of defendant.
t Why did Plainffl wish defendant to hold the be.
lance. Becroe there were checks out drawn
d against this currency deposit which might pasl
u through the lines.
S Plaintitf' had frequently sent packages of Con.
I. federate States notes as well as defendants, for
e collection to defendants. On the 1set February,
i 1162, Mr. May, the cashier of the Bank ,f West
Tennessee, wrote to Mr. Ronuseau, the cashier of
the Citizens' Bank: " Our president, T. O. Nelson,
Esq., leaves for your city to morrow and will be
there several days. By him I send a deposit of
treasury notes-$100,000."
Against these deposits plaintIffs drew various
drafts payable in currency, when defeudante be
I came uneasy and desiring to relieve themselsves
from so much responsibility, they sent $200,000
I treasury notes to plaintiffs and offered to send
them the balance, but plaintiffs instructed them
to bold on to the balance to meet some
cheeks that they had drawn against these funds,
I which might pas the lines. On the 10th March.
1862, plaintiff sent to defendants tar collection a
check on the Union Bank for $58,416 19, payable
I in C'ofederate notes.
It appears that all the deposits and collections
were kept In the same account, and from the cor
respondence of plaintiffs we infer that monthly
accounts had been rendered by defendants to
them. When plaintiffs sent the c ,upons of ('an
federate bonds to defendant for collection, he
a wrote : " As this interest is payatle in coin, you
will so oblige me as to collect and send me coin
by express."
From a careful examination of the evidence we
are satisfied that the collections made by the de
fendant for the plaintiff were In Confederate
notes, and that plaintiff was aware thereof ; that
this action is based upon transactions in Coaued
erate treasury notes.
Under the Constitntlon of 1i61, the courts of thIl
State cannot entertain an action based upon
transactions In Confederate treasury notes. We
thnmk the evidence discloses that this case is
founded upon dealings in an unlawful currency,
ard this court has often refused to lend its aid to
transactions reprobated by law.
It is therefore ordered, adjudged and decreed
that.the judgment of the court below be avoided
and annulled ; end it is now ordered that t:ere be
judgment in favor of defendants, dismissing this
action at plaintiffs' cost in both courts.
YBT AAeOCIATE Jt'rSTIC W. . WYLEY.
No. 1411-Chattanooga Savings Institution vs.
Citizens' Batik of Louisiana. Hays, Adamsa
Mouse, for appellee; A. Piaot, for defendant-sp.
pellant. Appeal from Fifth Dia.rict ourt, New
Orleans.
The facts of this case are analagous to those in
the case of Bank of West Tennessee vs. the Citi
zens' Bank of Losilana just decided, and for the
reasons therein s igned it is ordered, adjudged
and decreed that the adjudgment of the ouirt be
low be avoided sad sannaled, and it is now or
dered that there be judgment in favor of defend- p
antr. dismisshing this action at plaintilf's oust rl
both courts.
ATLAn M'TI'L LIra IlsAsUBNcE COMPrN OPu
HSr. Locs.--Tbhe Bon. Charles A. Mants, of St.
Louis, president of this company, is in our city.
He paid us a visit last evening and informed us
it is his intention to establish n agency of the
company In New Orleans before he leaves. The
"Atluas Muotual Life" is a well-Lnown institution,
and is eminent for its liberal advantages ofered to
policy holders, and is In all respects worthy the
attention of the community, offerlng to the pub
lic, without extra charge, a wOrLD-WIDE POLltT,
non forfeiting from lIts date of issue, and in all
things one of the most advantageous life insurance
companies, as we are Informed, that huas ever done
business in the West or Bouth.
The directors and offcers of the Atlas Mutoal
Life are old and wealthy citizens of St. l.,toia, sad
its capital and assets are large and ample. It has
met with great success so far, ud we wiha it soc
cess here.
- $ -----
ARRIVAL OF THel (;Go. WAsrrltNo;TroN.--The
WagW- t hl1tPi .Capt. (ager, arrived
here lasut evenig. seport heaving been detained
In port of New York by a son. w storm. Arrired
off Southwest Puass lar 9:30 ,undey evening, but
owing to the severe gale did ,Iout cross until next
morning. She had a succeseon of gales the eno
tire passage :
lMrs. C. C. Dean. Mrs. J. H. Chapman end child,
Mrs. Ameon and child i. H. oter and wife, W E.
Rattigan, U. S. N.. Mis M. L. rasqgoet. Miss T. E.
Gacquet, Miss H. V. Gasqoet, Mr. M. Reviere, Mr.
Jos. Roth, Mr. M. Mumford. Mr. Jas. Patterson,
Mise E. Walsh. Miss G. H·nks, Mr. John William4.,
and nine in the steerage.
AsnlvAiL or sn Tanes two,.--rThe steamship
Trade Wind, Capt. Morrill, forn Belize Hoodorase,
arrived Sunday evening, and reports having expe.
rinced very heavy weatther on both outward san
inward bound psessge, and we detained thereby
thres days. she brig the follorwing named
passeagrs:
Chas. McDermott, Anse Belle McDermott. Mar
garet McDermott, Chas. J. J. McDermott, Willie
McDermott, Scott MoDermott, Edward McDer
mott. Z. H. Carpenter, J. C. Carpeater, Jr., J. A.
Doisin, Bchard McCall, . Artmues, Mrs. Mary
Putnam, Beery Putnam, Emmett Putnam, IEdward
Petoem, Bo.ert Potnam, e*Pateaa, Mr•. M. E.
Merrill, L. F. Merrill, J. 8. Merrlil, 8. . Mirrll,
Dr. L Champagea, Mirss . E. QClet, W. 8.
Ar,-. o vas Ga,. GaOa, .-.th SieaMd p
OAe. Geat, Capt. Qulek, from *w Yerk, 6tt
ItM., mrtnd at he whrf Iss ssmy, with the
followlg parsge: Gee. IP. Bonpper, Wa. P.
Derv, Mte. Bsersa d tP ghe . 5. nMeer,
Maessous ws...-Ssp s t the be ha..
pmted .(rmema Oes, sa sll at half the
ipse.