New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-13
THE WEEKLY REPUBLICAN
Terms Of SuhsoHption.
One year, IS; SIX months, 81 sa.


Inc 1OllOWmg decisions were rendered
yesterday: State ex mel. Nathan Schwab vs.
the Parish Judge of the Parish Of Jefferson
ct al.-Ludeling, C.J.-Ip the answer of the
Judge he disavOws his intention to .c0zamit a
contempt of this Court. While that is nc
justification of his conduct, it should miti
gate the penalty Justly due TO his resistance
to the decree of this Court. The evidence
acquits the other defendants Of contempt.
Ordered thai Judge Sect be fined the
nominal sum of $40 and costs.
State eA. rel Southern Bank vs. the
Judge Of the Eighth District Court.-Lude-
ling, C. jim this case in August last. an
application addressed to the Supreme Court
was made to the Chief Justice for wrfts OF
, mapdamus and prohibition against the
Judge of the Eighth District Court of the
parish of Orleans &c. N. Emmers0n, Judge
Of the Third, then presiding in the Eighth.
tocompel him to grant an appeal in the ease
Strauss va Southern Bank, and to prohibit
him from executing the judgment rem
dered, until the final disposition Of the appli
cation for an appeal.
The application having been male in va
cation, the Chief Justice granted the pro-
yisional orders and fixed q day for the trial
thereof, at the next regular term Of the
Supreme Court.
On the day fixed, the Judge failed to show
sci, and for answer said: "fhe writs herein
have not been issued by this honorable
Court, but by one member thereof in vaea-
ton, and that the same is not authorized by
law
The Chief Justice concludes his decision
as follows:
When in the progress Of suit necessity
arises for the application of these writs. and
the Supreme Court is not in session, er ne
ceseitate rel, the Chief Justice or the senior
justice present, should grant the provisional
order. Any other Interpretation of the law
would do VIOLENCE to the clear intention Of
the law maker and to Justice.
I, Ordered that the mandamus be made per-
emptory, and that the prohibition be per-
petual; Justice Howell read dissenting views,
but concurred in the decree.
State ex rel. Widow j. B. AnselmO vs.
Clerk of the Second District Court, parish
Of DEMONSTRATING, C. 1.-THE appeal
bond having been given according to law,
the clerk should have delivered the tran
script to the appellant. He has no right to
exact payment of the cost or additional
security from the appellant as condition
precedent to the delivery of the transcript
Of appeal.
As It Was owing to the fault Of the clerk
that the transcript was not fled in time in the
Supreme Court, ordered, that the return day
be extended to the second of January, 1871;
that the mandamus be made peremptOry,
defendant to pay costs.
L. Lillienthal, president, ETC., VS.. B.
Campbell and City of 5Jefferson-Appeal
from Second Judicial District Court of JEFF
should have been in favor Of plaintiff, per-
petuating the injunction, and in favor Of de
fendant Diminishing the demand of plaintiff
for Manages. Judgment appealed from.re-
yersed, and Judgment rendered in favor Of
plaintiff perpetuating the Injunction, and in
favor of defendants, rejecting plaintiffs de-
mand for damages, appellees to pay costs in
both cases.
Adele HSrnon VS.. David c. MeCan-Ap-
peal from Second District Court of New Or
leans-Howe, Judgment annuled.
Kehler-Appeal from the Fifth District
Court of New Orleans-TaliaferrO, J.-Judg-
ment affirmed.
State ex rel. Elias George VS.. Alpheus u.
Tucker-Appeal from the District Court,
parish of Observation-Disclosures reversed.
Mrs. NJ. l.. Mann VS.. BENJAMIN L. Mann
Appeal from District Court, parish Of Tan
Observation-Disclosures, appeal dismissed.
MADDEN, Overton and Burch, appellees, VS..
the Seventh District Court of New Orleans
-Wyly. J.-Motion to dismiss the appeal
Overruled.
Alfred Marchand VS.. H. T. and G. Casa
nave-Appeal from the Sixth District Court
of New Orleans-Taliafero J.-Appeal dis
missed at costs of appellant.
Mrs. Annie Strathie VS.. p. j. Tragnier-
Appeal from Seventh District Court of New
Orleans-Taliafero, J.-Judgmeneannulled,
and ordered that the exception be sustained,
and the suit dismissed as Of nonsuit, plain
*iff M vino onsfs