New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-15
THE COURTS.
United States District Court. Judge
Dureli-The jackson Railroad In



Gernon to force the New Orleans, Jackson
and Great Northern Railroad into bank
ruptcy, the trial of the case was set down
for the ninth of June before jury.
United States Circuit COurt-HOn. w. b
Woods. Preceding.
Eclipse Tow5oat Company VS.. Steamship
Merrimac, TOwboats Calhoun and Harry
Wright-Appeal from the United States Dis
trict COurt.-In this case yesterday Judge
Woods ordered that. so far as the towboats
Calhoun and Harry Wright are concerned.
the judgment of the District Court, rem
dered on the ninth of January, 1868, be af-
firmed; but as regards the steamship Mer.
rimac the judg o ent be reversed. And 1t Is
ordered that the Eclipse Towboat Company
do recover damages Of the steamship MeTri-
mac for S4697 40, with, five per cent interest
from the nine teenth of January, 1867, till
paid, and costs OF suit And considering that
the said steamship Merrimac was released
and restored to claimants on giving bond, 1t
is further adjudged that the New York Mail
Steamship Company, by William Creevy.
their agent, claimants and owners of. the
said steamship Merrimac. as principal, and
David McCoard and Creevy, Niekerson & Co.,
as sureties on the release bond, be con-
demned in solido to pay the foregoing judg-
ment with costs.
In the United States District and Circuit
Courts yesterday, Honorable John D. Free
man, formerly Attorney General of Missis-
sippi, was introduced by Thomas Allen
Clark, Esq, and sworn as regular prac-
titioner by Judges Woods and Dure!l.
The eslaughterhouse Cases.
Appeals to the Supreme Court-Mr. j. @.
A. Fellows has returned from Galveston,
Texas, bringing with him the news that
Judge Bradley had granted writs of error
and supersedeas to the Supreme Court Ct
the United States, in the six suits in which
the sIaughterhouse Company is party.
The Metropolitan FolIce Case.
Ia the Eighth District Court yesterday. in
the matter of tie mandamus asked
for by the Metropolitan Police Board
against S. n. Burbank, Judge Hawk
agreement with Mr. J. r. Beckwith.
attorney for the board. by which he thought
the differences in litigation might be set
tied. Upon further consultation between
counsel, the matter was postponed until
next Thursday.
Eighth District Court
Judge Dibble has made the following
order:
In the matter Of the State ex rel. H. S.
McComb VS.. New Orleans, jackson and
Great Northern Railroad Company, No. 26
taken under advisement by the court, it Is
now ordered that the same be assigned fol-
argument on the following point:
The effect of the act approved March l6
1870, authorizing the sale Of the stock in
said railroad. owned by the State and city
of New Orleans, is impairing the supposed
contract between the State and the holders
of the bonds issued in payment of the stock
subscribed by the State. The argument is
assigned for Friday. the twentieth instant
Jurors Tax Notice.
Judge DibbIe has ordered that q special
Jury be summoned for Monday, the twenty
third instant, to try the case OF Sheridan vs.
Mahan. Also, ordered that general Uenirt
be summoned for the first Of June.
This court will render their last decisions
for this term on Monday week, and will con
tinue to sit until Tuesday. the thirty-first
instant, when they will adjourn for the sea
son.
The Sulphur Mine Case.
This case has been submitted on brief:
and arguments, and in view of the fact that
both parties are equally anxious to have il
disposed of, it surmised that the Supreme
Court will finally decide it at this term.
Eighth District Court.
State ex rel. A. Constant Hearing VS.. Cres
cent City Live Stock and SlaugEterhouse
Company. In this case, yesterday, petit
ton was filed substantially as follows:
Petitioner represents that on the thir.
teenth Of May, 1869, j. Viosca, Jr.. pledged
in writing to st. L. Destes certificate No
1911, for sixty five shares of the Crescent
City Live Stock, and duly and legally trans
ferred said certificate to said ST. l.. nestes
who on the fourteenth of May. 1859, trans.
ferred said certificate and the pledge thereon
to A. Constant Hearing, the petitioner.
Petitioner alleges that on or about the
seventeenth of July, 1869, the Crescent City
Live Stock Company were duly informed oi
said pledge, and that at various times since
the seventeenth of July, 1869, said company
have been informed OF the pledge of said
certificate, and demand of the transferring
OF said stock. On Or abput the seventeenth
of July, 1869, petitioner AYERS, and at various
times subsequent thereto, he has presented
said certificate of stock at the office of the
company, and demanded of its officers the
transfer of the stock on the books of the
company into petitioners name; but that
the company have refused and continue to
refuse to transfer the said sixty-tive shares
as aforesaid.
Petitioner shows that again on the seven
teenth Of May. 1869, the said J. Vosca, Jr.,
pledged to St. L. Destes, through T. Simon
ny, his agent in writing the certificate No.
90, of thirty-fve shares, and delivered to
petitioner said certificate Of stock OF the
Crescent City Live Stock Comnany. That
on the nineteenth of July, 1869. the said
company were duly notified OF the pledge.
and u demand made on them 10 transfer
t he same on their books to the petitioner,
which they have failed and refused to do.
Petitioner further shows that said one
hundred shares OF stock are now worth
$1,000 or more.
Petitioner further shows that said Cres-
cent City Live Stock Company is represent
ed by F. Pratt, President Of said Crescent
City Live Stock Company.
Petitioner further shows that the stock
by certificates Nos. 81 and 80 be-
ing one hundred shares of the stock of said
is the property OF petitioner, and
that he is entitled TO have the transfer
thereof made to him on the books of the
company, and certificate issued to him OF
one hundred shares so that he may sell the
same; but that the company refuse to make
the transfer.
Petitioner shows that Collens & Wharton
a commercial firm in New Orleans, pretend.
ing to have some right against j. Vlosca, Jr.,
arising long after the transfer of the certiti-
Gates of stock aforesaid TO peti ioner and
long subsequent TO the notice to the Cres-
cent City Live Stock Company that petl-
TONER was the holder OF said certificates
Nos. 81 and 90, as aforesaid, are veXatiously
and illegally hinderiug and annoying plain
tiff in obtaining the transfer OF his stock D.
the books of the company.
Petitioner prays that writ Of maudamus
may issue herein, directing and command.
ing the Crescent City Live STOCK TO transfer
Oil their books the one hundred shares OF
stock now standing in the name Of J.Elosca,
Jr., into the name ofpetitiener and to issue
TO him certificate of the same.
On the above showing Judge Dibble issued
the mandamus, commanding he defendants
to comply with the petitioners demand, or
show cause to the contrary Oh Tuesday, the
twenty fourth of May. Z. C. Nix, attorney