New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-03

To Hon. J. D. Cox, Secretary of the Interior.
THE COURTS.
State of Louisiana, ex rel. S. N. Burnett
VS.. II. c. Warmoth. James Graham, and
John G. Gaines.-In this case relatOr is the
holder Of 500, $780, certificates of indebted
ness of the State of louisiana issued prior
to April |, 1870 Act No. SO Of the Legisla-
ture of 1870 authorized the issue of three
million dollars of bonds, and appointed a
Board of Liquidators, composed OF Cover
nor Warmoth, James Graham, Auditor, and
John g. Gaines, president Citizens Bank,
to sell or exchange these bonds to pay the
creditors of the State. Two million dollars
of the bonds have been sold. Relator seeks
to compel the board to exchange his certifi-
Gates of Indebtedness for bonds. at the rate
of seventy-two cents on the dollar, under
section two of this law.
The Attorney General submitted an
answer in which he contends that it is dis
cretionary with the board whether they
exchange or not for bonds. also introduced
from the Auditor of Public Accounts, show
ing that the liquidation fund will be more
than sufficient to pay the floating debt of
the State, including relator's, even if these
claims should be shown to belong to the
floating debt. 1t is reported that the board
has received an offer of seventy-five cents
at seventy-twO cents the State would in this
claim of $3.50 be mulcted in no small
amount.
The case was submitted on briefs, Major
John II. New appearing ON the part OF the
relator, and Attorney General Simeon Bel
don for the respondents.
This is an important case, and the decision
of Judge Dibble will be looked for with
interest.
Metropolitan Warrants Case.
The Assistant City Attorney, Rufus
NAPLES. yesterday made an argument be-
fore Judge Dibblc on IA rule to show cause
why a new trial should not be granted in
the matter of the warrants known as blue
checks.
Judge Dibble, it will be remembered, rem
dered Il decision few DAYS since ordering
that the said "blue checks" must be received
by the city for taxes and licenses. Among
other points made, was that based upon the
testimony of Mr.. Walton. Administrator of
Finance, who had said. since the trial of the
case, that he had information that a large
number of said warrants were spurious,
issued. doubtless, irregularly. Mr. NAPLES
urged that an opportunity be given the Adj
ministratOr of Accounts to audit these war
rants. so that the city's interests could be
protected. That if the warrants were not
genuine they ought not to be paid. nor
could the city be compelled to pay them.
Mr.. New, representing the opposite side,
when Mr. NAPLES commenced speaking.
stated to the court that he did not deem il
necessary to go into any further argument,
as he was satisfied the mind of the court
was fully made up in the matter. After Mr..
Waples' argument, which presented more
than one strong point, the motion for a new
trial was taken under adyisement by Judge
Dibble
Crippcn VS.. Packwood.- rule taken
upon K. L. Packwood, of Packwood Bros.
& Crippen, to show cause why an iniunc
ton should not issue restraining him from
interfering with relatOr in the management
of the grocery business in which they are
engaged, and to prevent a forced dissolution
OF partnership, came up yesterday morning
before Judge Dibble, but was continued
over until the eighth instant.
State VS. Bochler.-This case was before
Judge Dibble yesterday. upon a motion to
compel the Sheriff to receive the bonds in
the matter of the seizure of some $4,000 in
the celebrated counterteiting coupons mat
ter. The court ordered that the bonds be
received
The Magazine street Railroad Case-Jef-
fefsOn City.
In the case of James H. Young vs. John
Steibe ct al. VS.. Charles Laner ct al. and
VS.. B. SalOy ct al. in the Seventh District
Court. the rule to set aside the injunction
the road under eXecutory process, came up
for trial. Judge j. b. Cotton appeared for
the plaintiff in rule, and r. King Cutler for
tho defendant
j. L. Michel, surety on the bonds, was
placed upon the stand and submitted to IA
searching examination as to the amount of
property, etc, he really owns. Mr. Michel
said he was worth about So. 200 over and
above his debts, his property being mostly
i,t he iyt1 ct,;a4 ~,
sists of his residence, corner of Napoleon
avenue and Chestnut streets, seven lots and
improvements, for which he has been
offered $4,000. He also owns lots on
TchoupitOulas street, with privilege of bat
ture, for which he paid $4,000 in 1866, and
for which he asks $4,000. Owns a half
square corner Of Nalence and Bordeaux
streets, worth $4,000, and also property in
the parish of Jefferson worth $4,000.
On the seven lots of ground there is
mortgage of $4,000. ON the batture property
a mortgage of $1,000 and on the half square
corner of Nalence and Bordeaux streets
mortgage Of $3.50. On the property in
Carrollton there is a mortgage Of $500. He
does not owe anything else. ALI this real
estate. is in his own name. Has debts of
some $4,000 to $4,000 due him.
After hearing testimony to the sol |
vency OF the surety on the Injunction bond. !
Judge Collcns decided that the surety was I,
sufficient, and discharged the rule accord |
ingly. SO the Magazine street railroad will |
not be sold
Hayghe & Burton VS.. Wharfinger First |
and Fourth Districts'-In this case a peti- .
ton was filed before Judge Dibble and an |
injunction obtained restraining the Wharf |
niger of the First and Fourth Districts. !
and his employees, and the firm of L. Rodd |
& Co., from removing or causing to be re-
moved some 10000 feet of lumber belong
ing to the petitioners, which was landed at
the foot of Bienville street from the steam
boat Enterprise. 1t appears that the Wharf
niger had given the plaintiffs notice to re-
move the lumber in forty-e;ght hours, and
that they were engaged in dong 50 as fast
as they could, when the Wharfnger took it
into his head to assist them, and to haul |
their lumber to yard occupied by E. Rodd
& Co. Petitioners claim that they have
been damaged in the amount of $1,000, and
that the city of New Orleans is liable in
solido with the said Wharinger, A. II. Nc
Arthur.
Great sale of household furniture, carpets,
mirrors, etc., this day at Old Auction Mart,
81 Camp street; also, one fine set diamond
jewelry, by Messrs. Montgomery.