The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-07
lars from one of his comrades, has been com
mitted By the commissioner for criminal trial.

lars from one of his comrades, has been com
mitted by the commissioner for criminal trial.
OFFIcER MOORE reports from the IRENE Station
that boy named Rusha stabbed little boy
Demed Edgsr Conway in the srm, about half-past
3 O'Clock yesterday afternoon, at the corner OF
Ursulines and Trem6 streets. The wounded boy,
who resides at No. 222 Marais street, is reported
not dangerously wounded.
FOURTH DISTRICT CoURr.-Judge Thesrd rem
dered long, well argued aud elaborate decision
yesterday in the case of F. Labatut and al. vs.
Board Of Directors of Orleans Railroad Company.
Plaintiffs claim that as stockholders the de
PENDANTS, who have subscribed for 420 shares OF
the capital stock Of the company, have failed to
pay the price, every installment being now due.
That under the terms of the charter 1t is made the
duty of the directors to enforce payment by the
sale of the stock OF public auction; and they
(plaintifs) seek to enforce payment by an appl-
cation for mandamus.
Defendants plead that Mouney & Co., who are
represented as denquents, are under no obliga'
tOns to pay the nstallments due on the stock, for
the reason that it vests in them bonus to them,
made by the company, for the transfer which
they have made to the corporation Tor tue right
of way sdjudicstsd to them by the city. They
further plead that proceeding by mandamus IS
Unauthorized by law that the remedy is by direct
action: that even II the remedy can be summarlly
sought, they have never been placed in default by
the stockholders, and until that preliminary step
be taken, and their consequent refusal follow the
same, the application for a mandamus Is prema-
ture that even II tne prOceeuinB Uc fcButdf ou
the face OF the petition the relief sought cannot be
granted, as by the charter it ia discretionary with
| the board 10 sell not TO sell the stock; and.
finally that the subscribers for the larger portion
of the stock were aware of the fact that the bonus
| was 10 have been made, and have assented TO and
/ b We scquiesced in the same.
| After discussing the relative arguments OF
plaintiffs and defendants at length and with great
legal acumen, Judge Theard concludes
+" The firm of F. Mouney Co., was composed
of five members. The evidence shows what labor
and time they have spent 10 framing the plan Of
this railroad iB obtaining from the council the sale
of this frspchse, in purchasing suitable and val
liable lot of ground for the erection OF the depot,
etc., etc.
"Considering all their services believe that
one hundred and fifty shares, l. e., SIS 900, is
reasonable remuneration.
"Therefore, it is ordered that the prayer of the
relstoris petition be reduced to two hundred aud
seventy shares, and that so amended, the man
damus be made peremptory."
This decision and the reasons of judgment are
well worthy of publication, but the limits OF our
space cannot admit of the appearance of the
whole opinion in our columns. Judge Theard has
more than substs Inflated the high opinion In which
he is held by the bar and the other citizens OF New
/ Orleans and the State of Louisiana.
RECORDER BEcKER's CoURT.-L. SilVerstein,
charge d by Capt. White, chief of detectives with
No. 1856 Poydras street. was admitted TO ball in the
sum of s5O00 and the case was set for hearing
on the 18th instant.
Two OF three prisoners, arraigned upon charges
of larceny were sent for trial before the criminal