New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-20
THE COURTS.
Eighth District Court.

On the opening of the Eighth District
Court yesterday, Judge VOORHEES, made
motion to the effect that inasmuch as in the
contested election case of Maxwell VS.. Saul
yinet, decided Friday, the court had refused
a suspensive appeal. it would be proper that
the same action should be taken in the cases
OF Captain Tobin and others, and it was SO
ordered.
A Contested Election Case-John Me
Phelin VS.. Harvey NJ. Dibble.-This is a
suit for the Office of Third Justice of the
Peace for the parish of Orleans, made
vacant by the defeat or Overslaughing of
the lamented Justice Sadler. .
Petitioner AYERS that he is informed and
believes that his opponent for the Office OF
Third Justice, will be declared elected,
although petitioner has received a majority
OF the legal votes cast at the election Oh the
seventh instant. He says he has notified
the said Harvey NJ. Dibble of his intention
to contest his right to hold said Office.
Petitioner alleges that all the Republican
votes cast for Dibble are illegal. because
not printed or written on the back as di-
rected and required by law. That the legal
voters of the Second and Third Wards are
Democratic by a large majority, and would
have voted for petitioner as a unit, on ae
count of his being the regular nominee Of
the Democratic party az we'll as on account
of his personal popularity, being well known
and liked by said voters. That petitioner
also received a large number of votes from
legal Republican voters, on account OF his
personal popularity and the friendship ex-
isting between him and them, of which
votes he was, to great extent, deprived by
fraud
That all the Democratic voters who could
| and did vote cast their votes for petitioner,
| and only those who could not do so through
| the illegal action Of the Commissioners OF
| Election and Supervisor and Assistant Su-
| pervisors of Registration in said wards
| failed to vote.
The petition continues in about ten pages
| of foolscap to recite the reasons why he was
! defeated, and asks that after due proceed
| ings the plaintiff be declared duly elected
| to the office of Third Justice OF the Peace.
| The plaintiff signs the petition in person.
Chattanooga Railroad Case.
Bernard II. Plasspoller VS.. Chattanooga
| Railroad.-This is q case in which an i'll
! junction is asked restraining the railroad
company from erecting any buildings,
| fences or distractions across Notre Dame
street, and if any such be erected, it is
asked that they be removed.
Petitioner alleges that he purchased GER
tain batture property of the city in the
square bounded by NOtre Dame. Julia,
Delta and Water streets, and erected
| thereon buildings valued at l0,0OO, now
worth $4,000; tha: he has enjoyed free ac
cess to and from the Mississippi river, in
and through Notre Dame street, until about
the fifteenth OF November, 1870, when the
said railroad company, in. violation of the
legal and constitutional rights OF petitioner
to the free use of said street in going to and
from the river, proceeded to shut up the
said street by erecting buildings and
fences across the same near the property
of petitioner, preventing him from
using said street and going 10 and
from the river, and the citizens of the city
from using it as highway; that these acts
of the said company have caused him great
damage and irreparable injury, and made
his property valueless; that the chief value
of said property is in its contiguity to ths
| river, and free communication through said
street with the river, and that the closing
of said street will cause petitioner damages
in the sum of $4,000; that said street has
been set apart and dedicated to the use OF
the public for years past, and that the cor
poratiOn is not authorized under its grant
or the law to take possession of and Gloss
| said street. q
The court ordered thaN defendants show
cause on Friday, the twenty fifth instant
| Why an injunction should not issue, as
prayed for, and that meanwhile further
proceedings be suspended upon plaintiff s
giving. bond in the sum of $1,000.