The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-24

THIRD DISTRICT COURT. Mrs. McGarey VS..
The City Of Latayete.-Judge Kennedy. The
argument OF this case was commenced Yesterday
G. Roselius for the plaintiff, and J. J. Michel and
Judge Preston for defendants. The suit is for
$4,000 damages alledged to have been sustained
by the plaintiff in consequence of the demolition, in
the Fall Of l84l, of the front wall of building then
IN the course of erection by the plaintiff on what
the Corporation of Lafayette considered public
property-to wit within the space Appropriated by
law for public levee or highway, along the river
bank, in front of the CITY The defendants had
been enJoined from destroying removing said
front wall OF plaintiff s. but they disobeyed the in
Junction and hence this suit for vindictive dam
ages. The injunction disregarded by the then
President of the Council of Lafayette authorized,
however, by the Council, by whom he was appoint
ed-he chief magistrate of the city not then being
elective by the people :. The legal points of this
case, as we gathered them from the arguments of
counsel, are-l. Whether the defendants are liable
for the vndctiye acts OF their agents in disobeying
the judicial mandate 3. Whether they are respon-
sibe in damages in perslstng in removing, the in
junction to the contrary Notwithstanding, the prop
eriy which plaintiff insisted on constructing within
the space set apart for public use. Mr.. Roselius
commended vehementiy for the affirmation and was
ably and strenuously answered by MIR. Michel.
The arguments of these gentlemen consumed the
whole day. MIR. Preston makes his argument this
morning, and will be replied to by Mr. Roselius. -.
This case is OF great interest to the citizens of La
fayete, and will watch and report its progress.
LAFAYETTE CITY CoUNCIL.-This body met
last evening There were eleven members present
Mayor Bouligny in the Chair. The Treasurers re-
port was as follows
Balance hand at last report 81 039 81
Total g
Balance on hand ssh so
The Ilarbornaster stated in his report that he
Paid into the Treasury since last report 800, col
lected for wharfage, etc.
Mr. Grant complained of a nuisance in the vicin-
ity of Laraparre street Referred to the Police
Committee with power to act.
{. w. Wilson offered proposal for setting curb
and gutter stones on Chestnut and Camp streets.
Referred.
Several proposals We're handed in by the Sur
veyor for filling up the new cemetery. Referred
There was some discussion on a petition in rela-
ton to the Laurel street school, but it was finally
referred to the Committee on Education.
After some farther nnimportant business the
Council then went into the election of officers
The following officers Were elected TO assume their
official duties on the 25th inst: A. DeYoung Sur
vevor's Clerk; Adolphe Deatte, Lieutenant of
the Night Watch Paul Eloi, Lieutenat of the Day
Police John Paynes, Superintendent of Streets
and Landings; DIR. Thorpe, Jail Physician Geo.
Crane Turnkey Of the Jail A. G. Hicks, Sexton.
The following persons were appointed Lamp-light-
ers for the ensuing year: Alex. Lee. Robt. Mullen.
Henry Wohlfahrt Henry Meyer. Edward Hartee.
Michael Jacoby, VIM. Cunningham, Francis Hill
Ter, Paul Wederer. The following persons We're
elected Watcfmen: Brian O'Connor, James Aspa!l,
Dennis Mormond Thomas Stach, James Hetier-
man. John Gross, Adolphe Delatte, Jacob Iost.
George Dawson, Leonard Grissell Henry Wyman,
Philip Gray Isaac Smith, Dennis Heffarman, Wal
ter Burke Francis Hughes, George NJ. Falto, q.
Hatten. Council adjourned.