New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-06
THE COURTS.
Sixth District Court

|
Alexander Walker VS.. J. J. OHara-Thi,
was a suit for professional services as attor
ney at law. The case was tried yesterday
| before jury, who brought in verdict il
favor of plaintiff for Sl136 6S. Labatt
Lingan of counsel for plaintiff.
| suit for Fifty Thousand Dollar,
DAmages.
John Spaldiug VS.. City of Jefferson. This
is suit originally brought in the District
| Court for the parish of Jefferson, and trans
ferred to the Eighth District Court, in which
| plaintiff claims fifty thousand dollars dam
ages for gunshot wound, whereby he lost
| his leg, received while engaged as patrol
man IN quelling riot.
Eighth District Court.
George A. Sheridan VS.. F. C. Mahan-In
this case Judge Dibble being recused, E. c.
Billings, Esq, was appointed judge Gd hoe,
and has rendered the follwiag decision:
The plaintiff, alleging that he is the col.
lector of taxes for the Firt District, brings
| this action to recover $1,000 damages from
the defendant for trespass upon bis rights
as such officer, and to enjoin him from fur.
ther interfering Herewith.
The only matter now before me is the ap.
plication for injunction. To this applca-
ton the defendant answers that be himself
is de .fdcto and de j1re the tax collector.
have no doubt, upon the evidence, that the
defendant is entitled to the office which he
claims, as we'll as to every mandate Of this
court to establish and quiet him in Office,
which the form OF action and situation OF
parties authorized.
I am further satisfied that the defendant
solemnly agreed to deliver up the Office to
the plaintiff upon his obtaining this inj unc-
ton, and that, relying upon,that agreement,
the counsel for the plaintiff was induced to
make this application. Still, defendant has
seen fit to disregard the agreement with
reference to which his counsel do not seem
to have been at all consulted. He now
pleads title to the Office, and the question
is whether, when the title to public Office
is in dispute. party can, in suit in
stituted by himself, without being joined
by the State as a plaintiff, enjoIn the in
cumbent. think not
The plaintiff being out of the Office can
not solely enjoin de tacto officer from per-
forming the duties OF the Office; for this
would leave vacuum in the machinery of
government most detrimental to the public
interests during the pendency of suit which
at its conclusion would still leave the INSTALL
ment of the plaintiff unaccomplished.
The State, through the Attorney General,
should be party. The Injunction should
be obtained at the instance of the State.
The application for the injunction Is re
fused.
Tho JacksOn Railroad CAse-The Old
Board Sue ihe New HOard-They y
Claim Over One Million Dollars.
The old Board of Directors of the jackson
Railroad, represented By General G. T. Beau
regard, as President, have brought two
suits in the Sixth District Court against the
new board, represented by Fl. S. McComb-
one for a million dollars damages, and the
other for fifty thousand dollars on the in.
junction bond of McCOmb, and Richard
Prtchard. his surety thereon.
In one of the petitions filed by John D.
Freeman, attorney for the old board, Judge
Dibble, of the Eighth District Court, is
charged with completely with Fl. S. McComb
in his alleged attempt to get illegal posses
sion of the Jackson railroad.
Eighth District Cours.
State ex rel. Jules Delery vs.. W. R. Fish,
Register of Conveyances, ct al.-Iu this
case relator AYERS that on the fifth of Au-
gust, 1868, he leased an undivided half of
his plantation to Joseph Elliott for term
Of twenty-five years, for a specific purpose;
that the terms of the lease have not been
complied with, and it is, therefore, a nullity.
Relator AYERS that Elliott caused the lease
to be recorded in the Office of the Register
of Conveyances, thereby obstructing him in
the free disposal OF his property. He asks
that mandamus issue to W. r. Fish,
directing him to erase and cancel from his
books the aforesaid lease. Judge Dibble
issued an alternative writ of mandamus,
on Tuesday, the tenth Of May.
G. Schmidt, of counsel for relator.
Seventh District Court.
Thomas Willis vs.. Pascal NJ. Tourne ct al.
Plaintiff sues defendant for $4,000, being the
value OF q lot OF sugar; AYERS that defend
ant has transferred, through others, to his
wife, a valuable property in this city, in
order to avoid paying his debts. Plaintiff
asks that the sale be declared null and void,
and the property be made subject to the
defendants debts. H. J. Grover, of counsel.