New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-24

Appeal from the Sixth District Court, parish
of Orleans. Judgment affirmed with costs
in both cases. Taliaferro, j.. ,Wyly dis


of Orleans. Judgment affirmed with cos
in both cases. Taliaferro, j.; WHY dis
senting.
Succession OF Susan Mitch, opposition t
, the executors account. Appeal from tn
4 Second District Court of New Orleans
: Judgment affirmed with costs. Talia
ferro, j.
Henry Weber vs.. Louis Frutz, ct al. Ap
peal from the Fourth District Court. Judg
| ment awarded so as to award the defendant
in injunction Sl00 as damages, and the judg
ment so awarded affirmed with costs.
: Succession of Antonine Decuir. On rule
for sale of property to pay debts. Appea
from the parish Court of Poiute Coupee
Judgment affirmed with costs in both
courts. Ludeiing, j.
Charles Case, Receiver OF the First Ma
tional Bank, vs. Robert Watson. Appeal
from the Fifth District Court Of Orleans.--
Judgment of the District Court annulled,
avoided and reversed. It WAS further or
dered. adjudged and decreed, that the plain
tiff recover from the defendant the sum of
S37 ,72l ii, with interest at eight per cent
per annum from eighteenth OF April, 1867,
until paid, and all costs OF suit. Justices
| Howe and Howell were recused IN the Case.
Taliaferro, j.
A. B. James VS.. johnson & Brother, G.
". Johnson, intervenor. Appeal from the
the Sixth District Court of New Orleans
judgment affirmed, with costs in both
! courts.
L. Lenering & Co. w. D. A. Clark ct ais.
! Hamilton & Dunnied intervenors. Appeal
from the Third District Court of the Parish
| of Orleans. Judgment Of the lower court q
! QUO SO amended as to direct the payment of
| the proceeds of the cotton in the hands Of
! interventOrs to their claim in preference to
| that of plain'iffs, and as thus amended it be
affirmed. Howell J.
| tot al | r n
| Hill vs. S. n. Burbank. Appesl from the
Sixth District Court of the Parish OF Orleans
Judgment appealed from be reversed, and
| the application of relators rejected, with
costs in both courts. Howell, j.
NJ. Peasant VS.. H. g. Heartt.-Appeal
| from the Fourth District Court. parish of
Orleans. Judgment appealed from affirmed
with costs. Howell, J.
Morgan Cryer vs. Thomas Drewrey. Fell
lows, Ferguson, Herney garnishees.-Ap
! peal from the Fourth District Court parish
Of Orleans. Judgment reversed, and judg-
! ment rendered IL favor OF earnishees, with
costs in both courts. Howell, J.
| NJ. Z. Hebert. ct ais, vs.. II. Hebert & A.
| Lenert.-Appeal from the District Court,
| parish of lberville. Judgment reversed and
judgment in favor OF detendents, with costs
in both courts. Howell. j. Justice WHY
dissenting in al elaborate opinion.
Daniel Edwards VS.. James G. Prather ct
al.-Appeal from the Fourth District Court
of the parish of Orleans. Judgment af-
tirmed, with costs in both courts.
Mary Riley, wife Of Frank Quirk, VS.. her
husband.-Appeal from the Fifth District
Court OF the parish OF Orleans. Judgment
Of the lower court as to appellant annulled,
avoided and reversed. 1t was further de-
creed that all the rights of thA plaintiff
under the bond to recover against the surety
are specially reserved to her; plaintiff and
appellee to pay costs of appeal. Ludeling J.
a. W. Walker vs.. A. Miltenberger Il Com
pany.-Appeal from the Fifth District Court
of New Orleans. Judgment appealed from
amended by reducing the amount thereof
from Sl4S2 q to 500, and as thus amended
it be affirmed, with costs of appeal to be paid
by plaintiff. Howell, j.
Martin & Butts VS.. Lsstraps & Robertson,
Block Brothers intervenors.-App from
the Third District Court. parish of Orleans.
Judgment of the lower court amended, and
as amended affirmed, plaintiff to pay COS. of
appeal.
Matilda J. Bovee VS.. Samuel M. Davis
Appeal from the Thirteenth Judicial Dis
trict Court, parish of Tensas. Judgment of
the lower court affirmed with cost OF appeal.
Ludeling, c. j., Justice Wyl5 dissenting.
William A. Hyde VS.. Peter Marcy.-Ap-
of Orleans. Judgment appealed from
affirmed with costs. Howe, J.
John 5. Simonds VS.. Mrs. Mary Eeinn.-
Appeal from the Fifth District Court, parish
of Orleans. Judgment affirmed, with costs.
Howe, J.
State ex rel. Tony Lafon vs. S. n. Burbank
ard the Board of Metropolitan Police
Appeal from the Fifth District Court, parish
of Orleans. Judgment avoided, and claim
of relator dismissed with costs in both
courts. Howe, J.
State eX rel. S. n. Burbank, Treasurer
Metropolitan Police Board, vs. Antoine
Dubluclet, State Treasurer. Appeal from
the Sixth District Court, parish of Orleans |
Judgment avoided and reversed, and the
cause remanded, to be proceeded with &C
cording to law, and appellees to pay the cost
Of appeal. Howe, j.
W. W. Hill VS.. Ooer, AtTater & Co.-Ap- !
peal from the Sixth District Court, parish |
of Orleans. Motion to dismiss appeal over |
ruled. Howe. J.
The Supreme Court will sit until the |
thirty-hrst instant, and then adjourn for the |
summer vacation. The Shepperd will case |
will probably consume the rest of the week, |
and if it should not no other arguments will |
be heard; the court sitting merely for the |
purpose of allowing such motions as may |
come up within the legal delay allowed under |
the law. |
Eighth District Court-The jackson |
RAILROAD Case.
In the case OF Ell. S. McComb ct al. VS.. G.. |
7. Beauregard ct al, Mr.. Thomas J. Semmes
moved for d subpoena duCeS tec,t3n, return
able On Thursday next.
The ship Island Canal Case.
John Lockwood VS.. Drainage Commission.
ers. In this case. on an application tor an |
appeal to the Supreme Court from a deci-
sion of Judge Dibble, making a mandamus
on defendants to deliver up
certain books, ETC., arguments were made
by Messrs. ROselius and Phillips in support
Of the petition for an appeal, and by Major
New in opposition. The point specially az
gued was, whether the Drainage Commits
sioners had such pecuniary interest in the
questions at issue as would entitle them to |
an appeal.
Judge Walker, in support of the applica-
ton for an appeal, read the late decision of
the Supreme Court in the case of the State |
ex rel. Charles Fitz vs. William S. Mount in
which the court held that the defendant had
4 right to an appeal. Judge Dibble held
hat the appeal should be allowed, and the
pond fixed at $1,000.
State ex rel simeon Belden and Sheridan
vs.. F. c. Mahan.-In this case, wherein re.
ator asks to GUST defendant from the office
If Tax Collector for the First District of the
'ity OF New Orleans, q trial by jury was
asked. The empanelling of the jury was
commenced and attachments ordered for
.bsent jurors for Saturday. the twenty
Eighth instant, to which time the case was
continued.
The keeper of the Sixth District pound
las been gently reminded of his duty in the
ollowing communication from the Depart
nr DcIi |