New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-03


months old, with 1ther long flaxen hair
and blue eyes. Thwriter thinks the child
may be that of Mr.. ,igby.
THE OURTS.
Seventh District 0urt--The Magazine
Street Ralrond Case.
A. Salov VS.. JohnW. Hillman and the
Sheriff.-In this casit appears that few
days ago in the mater of suit between
Joseph Kaiser and ue Young, each claim
ing the Magazine Street Railroad in Jeffer-
son City, in the .ighth District Court,
Judge Dibble ortierd judicial sequestra-
ton of the road, aid appointed John w.
Hillman receiver threot, to take charge of
and administer the sfairs of the road.
B. SalOy now file petition for an in
junction. stating thathe is a mortgage and
Judgment creditor Ofthe rOad the property
is in possession Of thsheritf, and that John
W. Hillman. the recefer. has called on the
sheriff and informed lin that he (Hillman)
was entitled to take possession of the prop
erty under his appointment by the Eighth
District Court.
Petitioner alleges tat the road is per-
fectly solvent, and tina the property mort
gagged to him to secup his debt, having
been just seized under a writ Of
seizure and sale b, this court, that
this court has full and complete juris-
diction of the properly seized, and that
said Hillman has no riht in law or equity
to interfere with the sheriff in the posses
sion and sale. OF said property. or with petit
toner in the cOlleeti0 of his debt. He
says that he is not a party to the litigation
in the Eighth Distric Court. and is not
bound by the appointment of Hillman as
receiver by that court. He therefore prays
that Hillman be enjOind from interpOsing
with the sheriff in tlr execution of the
order of seizure and sac Of the road, and
from demanding possession of the road.
Judge Collins issued the injunction.
Eighth District Court.
Jacob Strauss VS.. Southern Bank.-In
this case. heretofore reported, plaintiff gave
G.. NJ. Wickliffe check ON the Southern
Bank, payable to bearer. for 1000. in part
payment of $4,000 worth of State war
rants, which were afierward found to be
fOrgeries. Strauss gave notice to the bank,
and stopped the he payment OF the check.
still on deposit in the hank and made appli-
cation to the bank to have his pass-bOok
balanced, showing that the amount Of
$4,000 is still to his credit. This the bank
refused to do, and Striuss sued out writ
of mandamus to compel the bank to give
him credit to that amouut.
Yesterday defendants filed an answer,
admitting the facts above stated, and
averring that the check so drawn, as
alleged, was duly presented to said bank,
which said bank having on deposit a
sufficient of the drawers funds to pay the
said check, did, according to special request,
accept and certify said check. Whereupon,
it is alleged. the amount of said check was
duly credited to the account of the drawer
thereof, the relatOr. and creditor to the
account of certified" checks, for the use
and benefit of the bearer or holder thereof,
upon the books of the bank. And the re-
spOndent AYERS that the acceptance and
certification Of the check, amounted to and
was In law, an absolute appropriation OF so
much Of the plaintiffs cash funds on de-
posit, as was necessary to pay the check,
and the bank is thence and thereby liable
to the bearer of the check for the amount
thereof, and that the bearer, and he only,
has the legal right to exact payment.
Defendant further AYERS that plaintiff has
already instituted suit on this cause of ac-
ton before the Seventh District Court, and
finding that court was about to give judg-
ment against him, discontinued the suit,
and now, without shadow of right to resort
to the remedy of mandamus, he seeks
thereby to prevent this respondent from
urging. according to law, his legal and just
defense. He prays for the dismissal Of the
suit and general relief.
State ex rel. +. c. Mahan VS.. State Treas
urer.-In this case, Judge c. NJ. Emmerson.
of the Third District Court, sitting in the.
absence Of Judge Dibble, has rendered the
following decision:
AS collector of State taxes, the relatOr
received the warrants herein filed, amount
ing to Sl4oO, and, on presentation to the
State Treasurer, the latter refused them.
Hence these proceedings
The defence is forgery.
All OF the warrants were issued, signed
and sealed by the Auditor, but with the ex-
ception of two, for larger amounts than
those expressed on their face. The testi-
mony with reference to the excepted two
does not sustain the defense as to them.
For the amounts originally expressed on
the warrants, the Treasurer is bound to re-
ceive them and for no more, for to that
extent the State is indebted
The relatOr is, therefore entitled to par
flal relief and to the amount of 1886.
Let peremptory mandate issue to the
Hon. Antoine Dubuclet, Treasurer of the
State of Louisiana, requiring him to receive
he warrants in question, numbered 6034
'6O ABB, 1873, l4ll, 1lSS, 7S3 and 47S, and to
'redit the relator, late Tax Collector, in the
,hlotlt loI WHICH tney were originally
lrawn. etc.
Judge Emmerson made the mandamus
,eremptory, deciding that the Southern
Bank should pay Strauss the nineteen thou
sand dollars.
The Ship Island Case.
In this case yesterday, Judge Emmerson,
Presiding in the Eighth District Court, re-
used the appeal asked for by the city, and
llrected that the city authorities should in
lorse the 100000 of bonds provided for by
IN ordinance Of the City of jefferson. Exc
utlon was issued in the case and served.
Rule for Contempt,
George A. Sheridan VS.. +. C. Mahan-In
his case the defendant having surrendered
he possession OF the office of State Tax
collector for the First District of New Or
cans to George A. Sheridan, his successor
Il office. the rule taken against him for
ontempt in not obeying the order OF the
ourt, has been dismissed, on motion OF
Oseph Z. Horner, attorney 1'Or Sheridan.
Demarest vs.. the Liquidators OF the Float
1S Debt-ln this case, herein relator
laims $1,000 as privileged to b e paid out of
ne three million loan, the JUDI ye postponed
he trial until Saturday, the si1 yth instant.
n account of the sickness of IN attorney
+ one of the parties.
Young lady Ito Mr.. Septimus Softing