The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-11
UNITED STATES SUPREME COURT.
The Power of Military Municipal Authorities
to Lease Cny Observation-Disclosures at Law
InterIOcut0ry, Not Final.

The Power of Military Municipal Authorities
to Lease Cny Observation-Disclosures at Law
InterI0cut0ry, Not Final.
WASHINGTON, Dec 10, 1869.
The following cases were taken up yesterday
No. 10. The Citv Of Ne1o orleans, Plaintiff In
Error, Us. The Nelo York Mail Steamship Company.
Error TO the Circuit Court o9' the Eastern District or
Lo,dSiana.-The New York Mail Steamship Com
pany rented OF the military municipal authorities OF
New Orleans, soon alter the federal occupation of
that CITY, certain wharves and piers for the use OF
their transports The relnstated civil city govern
ment In April, 1856, by ordinance. directed
the City Surveyor to remove all the buildings and
other distractions erected these piers by the les
Sees dlsregarding The authority under which they
were In possession, and in pursuance OF such
instructions the improvements were demolished.
The steamship company immediately instituted tn Is
suit, claiming $50, 900 damages, and obtained an In
junction restraining further proceedings on the part
OF the city authorities. The city also commenced
suit in State court and obtained an injunction re-
straning the company from further and occu-
pancy under their lease, and tnereupon the steam
ship company filed supplemental petition, setting
forth the commencement OF the aclon OF the city
upon winch they OBTAINED an order from the Circuit
Court directing the city authorities to discontinue
their suit to show cause why they should not lie
punished as O contempt. Subsequently the Mayor
MED sworn answer to the notion disavowng any
intention TO disregard the first injunction order and
before Its service upon Nun, and also setting up
that the object Of the suit commenced by the city
was simply prevent the further OF build
lngs by the steamship company and to MAINTAIN the
then status OF affairs Afterwards the city ied an.
swer on the merits, denying the authority of The
military Mayor TO bind, cucumber ALLEVIATE the
real property OF the city beyond the period OF his
appointment and claiming that all sucn acts done
by him ceased to be OF any force effect when the
administration Of the government OF the city was
restored to the municipal authorities elected under
the laws Of Louisiana IL was further alleged that
| because
prescribed by law and the ordinances OF the city had
been computed with. The prayer was that the lease
be set aside and annulled The Judgment OF the court
on the TRIAL was for the steamship company and the
injunction restraining the city nom further inter-
ference continued during the term OF the lease.
From that judgment writ OF error Is taken 10 his
court. The writ OF error was dismissed, the Court
holding that TO give jurisdiction OF the cause II
should have been brought up appeal.
No. Is. John II. Hagte Administrator. de Oonfs
nom et al. Us. Zephanidh Joaes.-AI ped! from the
Supreme court OF the District or ColuD,5ta.-Thisi is
creditors BILL nled for the purpose OF obtaining an
order OF sale 10 dispose OF the real estate oil one
Dermott, OF whom Ingie Is administrator, Tor the
payment OF debts because OF rne insuiiiciency OF
The personal estate The suit is brought as auxiliary
to a Judgment Vt law, which Is relied upon as con
elusive Of the debt alleged by tie complaining
creditors, the jury IN that action having fixed the
amount at about $4,000. The suit resulting In
favor OF the complainant the case Is brought here,
the administrator conlending that this beng suit
in equity by sole complainant to sell real estate
TO pay debt OF niteen years standing 1t is clearly
barred by limitation If 1t cannot be supported By
the Judgment nj Jaw; and 1t Is submitted that the
judgment at law being but inIerlocutory and not
inal, Ia imperative ana OF no effect III TINS suit.
Bradley Davidge for appellant; X. J. Brent Tor
No. Is. The Western Union Telegraph Company
Us. The United States Telegraph COBtpaHp.-dppeGl
rom the circuit Court for the Southern District o.
Ohio.-Appeal dismissed on motion, with costs