New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-20
THE KTS.
The Great jackson KHllrOad Case.

City of New Orleans ct al intervenors.-
This case was resumed yesterday, in the
Eighth District Court. That part of the
case relating to the city's interest in the
$4,000, shares of stock, was continued over.
and the case in which the Stale had sold
81, 800 shares to McComb. was taken up.
There Was large array of witnesses and
spectators present. Among the former
was Governor Warmoth and Mayor Flan-
ders.
The Governor testified that he had sold the
IS, $50 shares belonging 20 the State to H. S.
McComb, and had taken his oond for
$500 900, as required by law. The bond was
produced in court, and the Governor then
and there wrote his approval on the face Of
it, stating that the bond had been accepted
and approved by him, although he had not
up to that moment signed his name to. the
approval. The bond wes signed by Thomas
S. Walton, F. G. Pratt and c. A. Weed. The
advertisement of the sale of the State stock
WAS published in the New Orleans REPUBLI-
CAN, and telegraphed to the Associated Press
III the North. The sale was not made at
public auction, bu. under sealed proposals.
These proposals we're received by the witness
personally; were brought by the bidders
themselves, and he opened them on the ninth
of Al pril, at twelve O'Clock III. The stock was
awarded to McComb at four dollars per
share. He and McComb then went to the
Jackson Railroad office, and demanded OF
General Beauregard the transfer Of the
stock on the books, which was refused.
Mr.. McCOmb, relator in the case, sworn:
Said that the check for $500, 900, which he
gave on the Crescent City Bank, was never
paid. but that he had the money there to
pay it. The Governor did not present 1t for
payment because he could not make delivery
of the stock, on account of General Beaure-
gard refusal to transfer it.
Mr.. G. H. Summers, president of the
Crescent City Bank, testified that he would
have paid the check if it had been presented.
At this point Mr.. Simonds, attorney for
defendants, read supplemental return to
the order of mandamus, to the effect that
the relatOr had not given the bond required
by law, and had not paid the price Of the
stock.
The taking of q large amount Of testimony
and the making OF large number of
speeches by counsel, occupied the court
until three o'clock, and the case was post
pored until ten o'clock this morning.
United state. Distries Court-Tbe Jack.
SON xxailrOaa fn fsnnkrup.cy.
A petition WAS yesterday filed in this
court by Michael Gernon, having for its
object the forcing OF the Jackson Railroad
into bankruptcy.
Fourth District Court-L.Abiiitie' Of n
Or. G. Beard vs.. M. CleavelaDd and A. II.
Mills.-In this case, plaintiff having obtain
ed Judgment against defendants for $2l00
reut of premises, defendants took rule for q
new trial, on the grounds that the court had
disregarded the evidence going to show that
the premises were not in good repair, and
had failed to pass upon the reconventional
demand OF defendants asking an annullment
OF the lease. The court held that the lessees
having accepted the premises in the condl-
tion in which they were, and being bound
by the terms of the lease to keep the prem
ises in good repair, could not be relieved of
the obligation OF paying the rent on account
of the condition of the premises, and that
the suit having tor its object the enforce.
ment OF the contract, and the plea in recon
vention having in view the arnulment OF
the contract, the latter is necessarily passed
upon by the judgment enforcing the con.
tract aud 1t was necessary to reject the re-
conventional demand tpStSSinl1S UerbiS The
motion for new trial was therefore refused.
B. K! Forman, attorney tor plaintiff, and
Race, Foster and E. I. Merrick for defen-
dants.
Eighth District Court.
A. C. Herring We. 7. L. Maxwell, Sheriff.
In this case plaintiff AYERS that he is the
lawful owner OF the furniture store No. 60
BlenViile street, including the furniture,
movabes sGd fixtures therein; that he pur-
chased the same from Felix Heer on the
twelfth of April, 1870, by notarial act, pay
ing a valuable consideration for the pro-
perty. and receiving actual delivery thereof.
Plaintiff AYERS that Sheriff Maxwell has
levied on said property to satisfy certain
executions issued against Felix HeeT, and
is proceeding to dispose OF it. An iDi unc.
ton was asked for and granted. &. Sa bOu.
-iG, of counsel.
George "A. Sheridan VS.. F. C. Mahan.-
The plaintiff, who has recently been ap-
pointed State Tax Collector for the First
District, Complains that F. c. Mahan. who
has hitherto held that Office by election, con-
tiuues to hold the same and collect taxes,
contrary to law and in violation of the rights
of petitioner. Complainant asks that an in
junction issue, prohibiting Mahan from max.
iug any further collections. Judge DibDle
Issued au order that the defendant show
cause on Saturday next, the twenty-third
instant, why the injunction should not be
made perpetual, and, meanwhile, that the
defendant desist from the further collection
of taxes. 1t is stated that Mahan refuses to
vacate the Office on the ground that more
time is needed to arrange his books before
delivering them to his successor.
The following is the petition:
The petition OF George A. Sheridan. who
resides in New Orleans, respectfully shows:
That he has been duly appointed to the
Office of Collector of State Taxes for the
First District of New Orleans, aud that he
has sgiven sbond taken the oath accord
ing to law, and III all respects qualified Tor
said office, and is legally entitled to and
now holds the same. and is now entitled to
discharge the duties and receive and enjoy
the emoluments and perquisites pertaining
thereto.
That F. C. Mahan, also resident of said
city, well knowing the rights aud official
duties of your petitioner, and acSnowledg-
ing the same, still persists in interfering
with their proper discharge by petitioner,
and has collected and is about 20 collect the
taxes which your petitioner is alone right
fully authorized to collect in virtue or his
said office.
That the acts Of said Mahan in the pre-
misses have, up to the fling OF this petition,
caused petitioner to safer damages to the
amount of one thousand dollars, which he
Justly owes petitioner.
Wherefore petitioner prays that the said
T. G. Mahan be cited to appear and answer
this petition, and, after due proceedings, be
condemned to pay petitioner said sum OF
one thousand dollars, interest and costs:
and that, in the meantime, he be prohibited
and eniOined from collecting or attempting
to collect, himself. or by his agents or
clerks, any State taxes whatever, and spe-
cially any tax or taxes the collection OF
which is by law intrusted to your petitioner
uuuer ana Dy virtue OF Ills OuCe Vi bolieCtof
of State taxes for the First District OF New
Orleans, and from interfering with peti-
toner in the discharge of said official duties;
and that said Injunction be made perpetual,
and for said further order, decree aud rene
dy as may be lawful and proper in the
premises.
Judge Dbble issued the following order:
Let f. G. Mahan show cause, on Saturday,
the twenty-third day Of April, 1870, why an
fy,t- .r1, ~
for; and upon petitioners giving bondn the
sI1 Of Euo l1lndrnd 6nllors cnuGi GitlAnad q