New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-15
THE COURTS.
Jackson Railroad Cmse-DecisiOn Of
judge Dibble.


State of Louisiana ex rel H. g. McCOmb
va. New Orleans, jackson and Great North
ern Railroad Conpany.-IA this case Judge
Dibble has rendered the following decision
in the Eighth District Cou1t The relator in
this case asked for a writ of mandamus to
compel q. T. Beaurekard, president,
and other officers of the New Or
leans, Jackson and Great Northern
Railroad Company, to tran nsfer certain stock
upon the books of the corporation, which
the relatOr had purchased From the State OF
Louisiana.
The respondent made return, the case
was tried and submitted. But pending the
consideration thereof other proceedings
were taken in this court with the view to
changing the direction and control of the
railroad company. BY prf fcess of quo rGr-
ronto G. Il. Beauregard president, and
those associated with him in the direction
of the road, were OustIid and the reia-
tor herein became president of the corpora
ton.
Although this has not been brought to
the attention of the court I'm these proceed
ings, and no motion has bt len made looking
to the order about to b3 entered, still the
proceedings being of record. the court will
take cOgnizance thereof fJr the purpose OF
disposing of this case
The writ OF mandamus must be directed
to those who are to execute it. Moses on
mandamus, D. l99 In the case of "The
Secretary vs. McGarrahan, Ninth Wallace,
29s," the Supreme Court of tho United
States held that u Judgment in mandamus
ordering the performance pf an official duty
against an officer, as if vet in office, when, in
fact, he had gone out af ter the service of
the writ, and before the Judgment, is void:
Such Judgment can not be executed
against his successor.
With this view of the La W, it is clear that
the present case must fall In fact, if the
case should go to Judgment the relator
would have a writ ordering himself to per
form q certain act
1t 'is therefore ordered that this suit be
dismissed.
The Magazine Street Railroad Cnse.
j. II. Young VS.. Magazine Street Railroad
Company-and Magazine Street Railroad
Company vs.. J. II. Young-and Magazine
Street Railroad Company Va. City Of Jeffer-
son.-Nos. Il, l3 and II consolidated In
this case yesterday Judge Dibble rendered
a lengthy decision, which concludes as fol-
lows:
The right to the pOsseb bsion control and
ownership of the effects And franchises of
the Magazine Street Railroad Company is
in process of litigation in this court There
are three claimants to such right OF posses
sion, control and ownership. In the inter
ests of justice. and Tor thd protection OF the
rights of whoever may prove to be the
real owner. the court has ordered Il Judicial
sequestration of the PROPERTY. A receiver
has been appointed.
1t is useless for Il court TO attempt to ad-
minister Justice, when it chn not enforce its
own orders. The highest duty of a judge,
after seeking to deal equitl ably by every one
who applies to him, is to maintain the dig
nity Of his Office, BECAUSE justice is soon
trodden down when she ceases to be re-
spected.
After carefully considering this ease.
have concluded to enter the following
order:
So much of the rule as lbohs to compelling
the defendants. John Steib, B. Saloy and
Charles Lauer to transfer their proceedings
had in the Seventh District Court to this
court is discharged.
1t is further ordered, that the Sheriff be-
and he is hereby required to Immediately
put John w. Hiliman, appointed receiver or
judicial sequestrator helein on the nine
teenth day of July, 1870, into possession
and control of all property, rights and eft
fects claimed in this con lroversy, as provi-
ded in said order appOih hting said seques-
TRAITOR.
1t is further ordered tn ut said judicial Sc
questrator be required to Immediately take
possession Of and admin lster the aforesaid
effects and franchises, subject, in all re-
poets to the rights of JOHN Steib, B. Saloy
and Charles Lauer, seizin.g mortgage credi-
tors, proceeding in the honorable Seventh
District Court, until the further order OF
this court