New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-02
THE COURTS.
Eighth District Court.

Elyira Lewis vs.. Calvin J. NichOlson.-ln
this case, plaintiff, by his attorney, X. King
Cutler, has filed petition substantially as
follows: Petitioner represents that Calvin
J. Nicholson is indebted to her in the sum OF
twenty-one thousand dollars, for this to-wit:
That in the month Of December, 1863, Geo.
II. Berghaus departed this life, in this city,
and his succession has been fOrcibly taken
possession of without color or authority of
law by said Calvin J. Nicholson.
That defendant well knew that certain
document in writing, -purporting to be
will, was written, dated and signed IN the
proper handwriting of the said George IL.
Berghaus, and he further well knew that
petitioner was not only the housekeeper, but
then the wife of said Burghaus. Petitioner
alleges that said defendants well knew that
the unusually large tin box which he forci-
bly and without authority of law while the
body of deceased had not yet relinquished
the heat of life into the GOODNESS OF death)
took into his possession, contained over
twenty-one Thousand dollars worth of valu-
ables, such as diamonds, jewelry. male and
female wearing apparel of divers kinds, we'll
known to petitioner and others. ana also
fourteen thousand dollars in New Orleans
city bonds. and also gold and silver coin,
and United States Treasury notes, and other
articles Of value.
Petitioner AYERS that the whole Of the
property. money, bullion, gold, silver, dia-
mOnds, jewelry and other effects, was by per-
sonal manual gift in part, and in part for a
valuable consideration placed in possession
ofpetiOner as owner thereof by said deceased
George H. Berghaus, long prior to his last
Illness Petitioner further AYERS that said
C.. j. Nicholson, without warrant or author
ity of law, and by putting petitioner III
fear, took forcible and illegal possession OF
the TIN box and its contents; that SAID
Nicholson applied to the Second District
Court for the parish Of Orleans, for letters
of curatorship, and thereby pretended to
administer said estate.
Petitioner further AYERS that all the pro-
ceedings instituted and all the acts done and
performed by said Nicholson in his pretend
ed capacity as curator of said succession,
were and are false, illegal and malicious,
and are null and void alb initio. Petitioner
AYERS further that the proceedings on the
part Of Nicholson in regard to the property
il demonstrative of mind bent on mis-
chief and the acquisition Of property, as is
fully shown herein. ThE Nicholson well
knew that if the written document, now
fled in the Second District Court, was not
a will, it was at least a written and binding
obligation against the property of Berghaus,
and in favor of Elvira Lewis.
That said Nicholson well knew that your
petitioner was legally entitled to Il house
and lot of ground in the city Of Mobile,
Ala, and also to interest on the sum of tit-
months to petitioner, during her life time,
and also to q large amount of household fur
niture and two hundred dollars i'll cash, as
is described in the written instrument pur-
porting to be a will of petitioners deceased
husband. or if not a will, the solemn con
tract and obligation by deceased to pc
titiOner.
Petitioner AYERS that the facts stated
render defendant liable for the sum claimed,
and she asks judgment for that amount
Fourth District Court.
Cornwall d Hays, a commercial firm OF
Waterproof, La, have sued out a writ of
sequestration in this court against nine
bales of cotton shipped to j. Pinckney
Smith, and raised by David McAllister Il
Antony Quarles, of Tensas parish. planters,
who had obtained money and provisions
from petitioners i'll order to work their
plantation.
For such advances the defendants had
executed a contract pl:dging the cotton
they shonld gather; but petitioner allege
that they have violated the same.
5. Goldsmith Il Co., of New York. have
instituted suit in the Fourth District Court
under the following circumstances:
They allege that in January last another
New York firm, +. Sommerich & Co.,
creditors OF j. Bernhelm, a merchant on
Chartres street, instituted suit against that
individual and obtained a writ of attach
ment. under which the sheriff levied on
Bernheim's store, Selling the goods which
were therein; that among the goods SO
seized was quantity Of fall and winter
goods belonging to petitioner, and valued
at that time at nearly five hundred dollars;
that SO far as these goods were concerned.
the seizure was unjust and illegal; that,
notwithstanding repeated demand, the
goods have not been returned to them and
they now sue for the value at the date OF
seizure, as the goods are now of compare
lively trifing value, having gone ont OF
fashion and become unstable.
Yesterday being All Saints Day, all the
courts stood adjourned.