New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-12-16
Terms Of Subscription.
One year, IS; ak months, 81 50.
THE COURTS.
The shcria,s once DinicuI,

up Yesterday on q rule to show cause VIII,
the defendant should not be punished TO
contempt in refusing to pay over to thu
new Sheriff moneys Belonging to litigants
of which he is the judicial sequestratOr.
Counsel for Mr.. Maxwell argued that the
outgoing Sheriff was responsible to the liti
giants and his securities were also response
bic, under judgments OF different courts
making him responsible for money due in
different cases, and that the Judge Of this
Court could not practically annul the judg-
ment Of another court by ordering the
money paid to the incoming Sheriff. whose
securities are not responsible.
Counsel for Mr.. Maxwell made a most
exhaustive argument from his standpoint,
and quoted in support Of the ideas he adj
van0cd, no less person than Lord Bacon,
whom he said he regarded as the most sub
stantial writer the world had produced
since King Solomon.
He said that the question at issue had
never been passed upon in this State: that
as to whether the old Sheriff was to keep or
turn over to the new the moneys in his
possession belonging to itigants, quoted
from Bacon's Abridgement, volume 4, page
Of the duties Of the preceding and succeed
ing Sheriffs, it was said that all writs exc
euted by the old Sheriff must be returned
by him and only endorsed by the new
Sheriff.
He said he had gone to the Common Law
of England, because the jurisprudence of
our State was silent upon the subject, and
that authority was certainly in favor of the
old Sheriff. He argued that a judicial
sequestration, which placed these moneys
in the hands Of the old Sheriff, was the same
as q conventional sequestratiOn, and that of
course all property subject to detention
went to the new Sheriff.
In this case, however, the moneys belonged
to the litigants, and was theirs the moment
the sale had been completed in each case by
the Sheriff. In the country parishes, where
the machinery Of the sheriffs Office was less
cumbersome, these moneys were often paid
over at the sale. By OBTAINING these moneys
and by paying them over to the new Sheriff
instead of paying them over to litigants he
subjected himself and his sureties to dam
ages. Mr.. Sauvinet's bondsmen, he argued,
would not be bound for the moneys in ques-
ton. In concluding, he asked the Judge for
an analytical opinion of the questions in
volved, particularly that affecting the .juris-
diction Of the Eighth District Court in the
matter.
Counsel for Mr. Sauvinet took an oppo-
site view, and the case was submitted.
Judge Dibble took the matter under ad-
visement.
Eighth District Court.
State ex rel. Herman Newgass Va. Liqui-
dators of the Floating Debt.-In this case
relat0r AYERS that he is the legal holder of
certain State warrants, amounting in the
aggregate to 1923 Is, which were ac-
quired by him in the regular course of bust
ness.
He AYERS that these warrants constitute
part of the floating debt Of the State, ad-
justed prior to the first of April, 1870, and
that he is entitled to payment of them by
the Board of LiquidatOrs of the Floating
Debt of the State, created and constituted
under the act Of the Legislature, No. So, for
the year 1870.
payment of these warrants from the Board
Of Liquidators, and they have refused to
pay them.
He asks that a mandamus he directed to
the board, composed of the Governor Of the
State, the Auditor of Public Accounts and
the president of the Citizens Bank, order
ing them to recognize and pay his claims.
Judge Dibble issued an alternative man
sdamhs, returnable on Wednesday, Deem
Der 81.
Seventh District Court.
James Nutall VS.. New Orleans and Car
rolltOn Railroad COmpany.-In this case
plaintiff claims damages of defendants, and
showed that on the twenty-fi first of January.
1870, while crossing st. Charles street, on
the corner of DelOrd street, he was knocked
down by q mule then driven to one of the
company's cars, which was then driven at
an unusual rate Of speed, and run over by
the car. His arms and hands, head and
shoulders were much bruised, and he was
made cripple for life.
The case was tried yesterday before n
Jury, who brought in verdict in favor of
plaintiff for $4,000.
United States Circuit Court-The Donald.
sonville Murders-Release of the Pris.
oners1They are Again Arrested.
This morning Judge Durell delivered his
opinion il the matter of the application OF
David Fisher, j. E. Oliver and Celestin
Oliver, charged with cOnspiring to take pos
session of the ballot-bOxes at Donaldson
Vile, ON the eighth Of November, and with
Judge William Conway Lawes
md Marx Sch0nberg.
: The reading of the decision occupied over
m hour, and the conclusions arrived at
we're. that the commitments charging the
prisoners with interfering with the ballot
hexea ON the seventh Of November, could
- - sustained by proof that the acts
. nu1ained of were committed on the
IN Of November.
Jh - sentiments were not based on affi- |
5fvilB 81 any person named, and in that
respect they did not fulfill the requirements
ri - CcustitutiOn of the United States, |
nndef which such commitments must be |
basod On spocifc afidavits. The commit |
usenfn n these cases were deficient in this, |
fhat the names Of the persons making the |
lffdsvifs were mot stated.
sJndee Durou discharged the prisoners.
1rsnsdfSAeIy upOn this release they were |
- - Golne ouf Of the courtroom by a con- |
,t~Sla. sr1nsd With authority from Judge |
Eyani, Socopd Julftoe Of tho teece Tor the