New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-08
THE COURTS.
Case of Habens C0rpus-ReIease Of
James Wildey.

The Sixth. District Court was opened yes
terday for the purpose of listening to argu-
ment upon writ of habeas corpus prayed
for by one James Wildey, through his coun-
sci, W. l.. Thompson. 1t appeared from
the petition which was filed in the case, and
upon which the writ issued, that the ac
cused had originally been arrested and
placed in durance vile by Recorder Staes
upon charge of being vagrant and dan
gerous and suspicious character.
Subsequently, he was released on writ
of habeas corpus by Judge Cooley, and i'm
mediately afterward re-arrested and sent
before the First District Court for trial, as a
vagrant, etc, by Recorder Staes, bail hav
ing been fixed at $1,000.
When the case came up before Judge
Cooley, he passed simply upon the commit
ment, and decided that vagrancy was a
petty offense, and shOuAl not require bail to
IA greater amount than 500.
The bail was accordingly fixed at 500,
and Captain Swain, of the Parish Prison,
was authorized to have the bail bond exc
cuted.
Mr. William Woelper clerk of this court,
who has been on a visit to the Hot Springs
in Arkansas for about six weeks, returned
to his post yesterday, in improved health.
Eighth District Court.
New Orleans School of Medicine vs. New
Orleans Mutual Insurance Company.-The
plaintiffs in this case, appearing by Samuel
Logan, M. D., Dean of the Faculty, repre-
sent
That on the fifth of August, 1865, said
School of Medicine made an agreement with
the Merchants Mutual Insurance Company,
wherein was stipulated that the said
School of Medicine should have the privl-
lege of purchasing certain property, SIT
uated on the corner Of Common and NIlere
streets, for SIS, ,0OO at any time prior to the
twenty-fourth of june, 1870.
Petitioners represent that prior to sad
date. DR.. Mitchell, a member and incorpOra-
tor of said School of Medicine, one Of the
petitioners herein, accompanied by -,
repaired to said insurance company and
rendered the sum mentioned, and demanded
compliance with said agreement, and said
company accordingly gave instructions to
its notary to prepare the papers necessary
to a transfer Of title, when further progress
was arrested by an injunction from this
court; at the instance of Samuel Chopin,
c. G. Beard, D. Warren Bricken, c. E.
Fenner, in a suit entitled Chopin, ct al. VS..
Merchants Mutual Insurance Company.
Petitioners represent that they intervened
in said suit, and that the Issue therein was
the existence of the New Orleans School OF
Medicine as a corporation, plaintiffs claim
ing that they alone were entitled to the
benefits of the contract hereinbefore set
forth; that said corporation was defuuct, in
asmuch as they had Withdrawn from the
same. Petitioners represent that the Mer-
chants Insurance Company set up said in
junction as the only reason why 1t did not
comply with the engagement to transfer the
property to the petitioners and deluded and
deceived petitioners with the assurance
that petitioners alone had the right to said
property, and that under no circumstances
whatever had said Chopin any claim to the
transfer thereof. Notwithstanding this, on
the - day of june the said insurance
company conveyed the property to Chopin
81 Co. on the fiinsy pretext that they con-
stitute the New Orleans School of Medicine.
Petitioners allege that they are entitled to
have the sale set aside, and ask that it may
be declared null and void, and that defend
ants be ordered to convey it to them.
III. Fl. Romeyn vs. City Of New Orleans,
j. &. West, ct al.-This case, in which it is
alleged that the Council Of the city of Jeffer-
son, IN the Last days of its existence, saddled
the oity of New Orleans with certain enor-
nous contracts for the benefit Of private