New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-30
NEW ORLEANS, THURSDAY JUNE 81. 1870
THE COURTS.
E,shth District Court.

| THE COURTS.
| Eighth District Court.
| Henry Penniman vs.. Thomas Janney
Co.-In this case Judge Dibble has rendered
decision substantially as follows:
I This suit involves disputed account be-
tween the plaintiff, who was operating IN
''city noles' and bonds, and defendants. his
brokers. The testimony justi6es the follow
| ing conclusions:
| The defendants were bound by their
agreement to "carry" the plaintiffs bonds
without charge, though they are entitled to
have back the discount paid by then. in OBJ
! tanning money to purchase bonds for plain
| tiff. The defendants were not justified in
closing out the bonds, either in December
or March, as they claim, and the plaintiff
should recover the price of the bonds on the
twenty-eighth Of Msrch. proved to have
been seventy-eight cents on the dollar. The
| defendants had no right to charge loss IN
the Wilcox transaction to the plaintiff. The
| judgment of the court in favor of the plain
| Tiff was for $3356 n, with interest and costs.
| State ex rel. Sergeant 8. Prentess vs.. Al
| fred Shaw, Administrator of Accounts of the
city Of New orles1s.ja this eass thfh etlf Tie
/ city for one hundred dallass, Ap61ied to AL
I ifgd Shaw, Administrator of Accounts, for
warrant on the city treasury in payment OF
| the amount. Defendant having refused TO
comply with the demand, relator asks for
! mandAmus, and defendant files an excep-
| ton as follows:
That he ought not to be required to make
return to the writ of mandamus, because
| neither this honorable court nor any other
court has authority or jurisdiction to
| allow, order, hear, entertain or enforce any
summary process or proceeding. or writ or
| order OF mandamus, or any order or pro-
ceeding in the nature of an order or writ OF
mandamus," against "any auditing officer
of the city of New Orleans, the object OF
/ which shall be either directly or indirectly
to enforce the payment of money claimed TO
be due from the city of New Orleans to any
person or persons" and that the REALTORS
proceeding has such object.
That if, after Judgment is obtained against
said city, any officer shall delay its payment
wilfully, the remedy is by direct action
against such officer in his individual
capacity; that this respondent is an audit
ing officer of said city. Whereupon he
prays that the exception be sustained, and
the suit dismissed.
(Signed) RUFUS NAPLES.
J Assistant City Attorney.
, The case was fixed for trial on Ri ay
next.
Louisiana State Lottery Company vs..
Alabama Mutual Aid Association ct al
! The following rule has been filed in this
q case: On motion Of J. P. HOrnOr and W. 4.
Whitaker, attorneys for plaintiff, and on
> suggesting to the court that J. T. D. LIE
fevre, one Of the defendants herein, has
e violated and is now violating the injunction
herein issued by selling lottery tickets and
fractional parts of lottery tickets of the
: Havana Lottery, and in contempt of THU
). honorable court, it is ordered that said J
/. T. D. Lefevre do show cause on Friday, the
;. first day of July, 1870, at ten O'Clock A. M.
u | ,,hy nn ehoula not he Ouniahp6 for con
8 tempt of this honorable court, as above sci
s forth.
$ A writ of mandamus has been applied fol
;. by R. H. Isabelle, commanding the Public
4 School Board to admit William r. Isabelle
e to the public schools of the city. and tt
| made returnable on the sixth OF July. W.
learn that many of the members of thu
school board are out of the city, and thai
q the boy William r. Isabelle. instead of being
4 denied admission to the public schools ha
been, and still is, q pupil in one OF th'
schools.
= Second Di'trict Gcust-whl OF the Arch
II The last viii and testament of tie Righ
Rev. Jean Marie Odin, Archbishop of New
g Orleans. was duly probated yesterday in th'
? Second District Court, upon the application
a Of the Rev. Gilbert Raymond, Vicar Genera
= of the diocese, through his attorneys, Messrs
A. and L. y. hOOert.
e The following is literal translation OF tn
II will, which is in French:
I'll In the name of the Holy Trinity-This i
my Geographic will.
j. I Iappoint and institute as my universe
:. First-Mr. Napoleon Joseph Perche, Vica
General of the diocese of New Orleans.
Secondly-And in default of the frs
t. named person-Mr. Gilbert Raymond, als'
N | Vicar Gnnpral
Thirdly And in default of the two first
- Mr.. Gabriel Chalon, curate of the St. Loui
10 Cathedral.
Fourthly-And in default of the thre
first, the Right Rev. William Henry Elder
r. Bishop of Natchez.
Appointing them besides, in the sam
oi order, my testamentary executors and de
le tainers Of all that may possess in the cit
;. of New Orleans and State of Louisiana.
n New Orleans, April s. 1867.
% JEAN MARIE ODIN,
d Archbishop of New Orleans.
70 The Sale Of Havana Lottery Tickets Ea
10 Joined.
al Charles T. Howard has brought suit, b
Injunction, in the Eighth District Court
= against A. Richoux and nine other persons
E. for selling Havana Lottery tickets In COZ
8. travention of the law organizing the LouIsl
- ana State Lottery Company. The tollowin
y is the order of Injunction: The LOrisian
10 State Lottery Company vs.. A. Richouxa e
E. ais, you are hereby commanded in VI
"a name of the State of Louisiana, and of tn
Eighth District Court for the parish OF o.
leans, to show cause on Wednesday, July
l. 1870, at 10 O'Clock A. NJ, why writ of in
,e junction should not issue against you, en-
, joining and restraining you, and those il
:, your employ, from the sale and Offering an
81 exposing for sale of any lottery, polio
r. or combination tickets. device, certificates
=. or fractional parts thereof, within the Stat
of Louisiana, and from allowing the same
be done by any person or persons in you
employ in their respective places of business
y as hereinabove set forth, or in any Othe
9, place under your control, and also from di
le turbiDg and harrassing the business OF pet
70 toner. and from instituting or commencip
10 any suit or other legal proceedings again'
9r petitioner, and from obtaining any iDjun'
g. ton or other process calculated to annoy {
~ to stop the business of petitioner in an
:. manner whatever. And, in the meantime
Il YOU are commanded and ordered to desi
le from the acts above complained of and 81
,e forth in the petition Of plaintiff.
10 A German Swlndler.
n The Cologne Zeiong has the followin
account of a rather smart swindler:
An unparalleled swindle, lately perp'
trated in provincial capital, has cause
,e much stir. A gentleman stepped into tl