The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-31
The Courts

The Courts
FIRST DrsTRIcr CoURr.-In the case Of J. c.
Gregor, charged with the murder of John Collins
on south Market street. occupied the First Dis
trict Court during the greater portion of the ses
sion yesterday. at baif-psst O'clock the testi-
mony was not yet closed Judge Abel therefore
ordered that the case be continued until 10 O'Clock
this morning. The jury was locked up until that
time. Ellen Gray. colored, appeared at the bar
and pleaded guilty on charge OF larceny and was
sentenced TO five days in the parish prison.
George Eckernan was rsigned on q charge of
emotzzlemeni aud pleaded gui1y. He was remand
ed to awaI, the sentence OF the court. tff
The grand jury returned true bill against
Thomas Grierson, charged with resisting deputy
sheriff in the execution Of process OF court.
FIFTH DIsTRIcr couRT.-Robert P. Smith vs..
city of New Orleans. Now comes into ths hon
ieahs, defendant herein, and for answer 70 de.
fendsnt's petition, denies all the allegations
therein contained, except so far as may be here
matter admitted. l aftlI} f
q Defendant states that IL is her intention to pay
al just and legal obligations as well as those for
which she is morally bound; that for this reason
she has accepted the act Of the Legislature OF
1863, authorizing defendant 10 issue bonds for
s5 600 ,0o0 for The pprposs of psyng her floating
known as city notes that while defendant is de-
termined, within reasonable time, to liqudate
al insi obligaticns, she is compelled and deter
termined TO prsverc, SO FAR rs may be possible,
one class OF Creditors FUN obtaiaius aaaae or
unjust preference over others.
Defendant alleges that the city Of New Orleans
il political corporation possessing limited pow
ers that most OF those powers are delegated by
section 10, page l6l. Of an act approved March
2l, 1850 and by section % Of an act approved
March 90 1856: that no where In said acts or else
where Ia the power given to the city to emit bills
of credit or notes, or other paper to circulate as
money; that. on the contrary, the act approved
Eah n olrr
declares that from and after the passage of this
act, no obligation or evidence Of debt of any dss
crption whatever, except those herein suthor-
ized, shall be issued By the city Of New Orleans
No. l73, approved March Is. il is declared that
"it shall not hereafter be lawful for the council
of the city TO authorize any increase of the
amount of the present Indebtedness Of said city ;"
and other acts prohibit the city from Issuing notes
or obligations OF any character whatever.
Defendant alleges that, even If the State had at
tempted authorize the city to issue paper in the
nature of bills Of credit or money the act wonld
have been Illegal. null and void, because the State
is prohibited by section 10 Of the first article OF the
constitution Of the United States from issuing bills
of credit, and could not delegate TO another a
power she did Dot herself exercise.
And defendant further alleges that all the ordi-
nances of the city OF New Orleans relative TO the
issue OF notes paper intended for circulation are
Illegal and void, because they contravene the pro.
hibiting clause contained in said section TO- art
Gle 7. of the United States constitution, which
prohibits States and political corporations exer
cising any of the sovereign powers Of State from
emitting bills Of credit or paper intended for use
es money.
Whereupon defendant asks for judgment in her
favor and for costs, and for general and equitable
relief.
U. S. CIRCUIT CoUET.-Charles Morgan vs..
New Orleans, 0pelousas and Great Western r. r.
Co. The petition represents that be Is the legal
mar M od hu fha
o., o. and G. ". y. Z. Co.; and also 1926 interest
coupons of $40 each, attached 10 said bonds; also
OF 1926 coupons Of interest, detached, Of $40 EACH
That by act before S. Masner, notary pablo, on
lst April, 1859, these bonds constituted q first
mortgage, lien, or privilege on the road and ef-
fecfs and was recorded in tths parish and CITY on
the Sth April, 1889 That said ". o., o. and ..
W. r. X. has failed and neglected to pay said 1921
coupons of interest as they respectively fell due,
and are still unpaid. That the said company is
inde bted to petitioner In the cum Of 1916 $40.
That the sixteenth annual report OF the presit
dent and directors Of sssd company to stockhold-
ere, Of date January %, 1859 represented that
there are l5 465 past due Interest coupons, of $40
each. on first mortgage bonds, amounting to
1905 500, which are now outstanding and unpaid.
That said act of mortgage aforesaid imported
confession Of Judgment. is,f -
That petitioner u informed aud believes that
said coupons OF interest in Law bear interest from
and after they respectively matnred and become
payable, and that ne now expressly reserves his
right TO claim interest on same respectively 10
another suit.
Prsys for executory process. etc.. and for gen.
ersl relief. Miles Taylor, counsel
The court ordered as follows:
IL is ordered that executory process issue in this
case. prayed for in the within petition, and that
the said N. o.. o. and G. W. X. K. Co. be notified
for three days to pay to petitioner the said OF
1916 $40 and the costs Of this proceeding and that
in default of said payment, the said morfgsged
property described in the petition may be seized
and cold according 10 law for the whole of the
debt, the payment Of which ia secured by the said
mortgage, described and set forth in said petition;
the price of the said sale payable as follows, to-
wit The sum of s606 500 and the costs Of this pro-
ceeding In cash. and the remainder payable on the
lst day Of April 1889. with interest thereon at the
rate OF per cent per snnum. payable semi annu
ally on the lst day of April and the lst day Of o.
tober Of each year. N8lt
U. s. CIRCUIT CoURT.-Henry r. jackson ct
ais. vs. Vicksburg, Shreveport and Texas Rail-
road ct sls.-On motion Of Campbell. Spoford &
Campbell, publication Of testimony was ordered
and the case was fixed for trial on the l4th Of
Nay, 1869, at II AN. ef r1.f
~ nrur bar orr;rrI ~ g.