New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-12
THE COURTS.
Eighth District COurt-Writ of Mandamus.

The petition of Joseph Hernandez repre-
| sents that he is the owner and holder, by
purchase and assignment from John Cole
man & Co., of registered certificate of the
city of New Orleans for the sum of $4l3l 16;
that said certificate was issued in obedience
with resolution No. l467 of the Common
Council of the city of New Orleans, ap-
proved May 10, 1869; and said certificate in
favor of said John Coleman & Co., is by
them indOrsed; that it was issued by the
proper authority of the city on the tenth of
January, 1870, in pursuance of ordinance
No. 2975, approved August IA, 1885, as a
floating obligation of the city of New Or
leans, and for the purpose of enabling said
Coleman n Co., by negotiation, to obtain
payment of the same by such to third per
sons in consequence Of the embarrassed con
ditiOn of the city treasury: that said GER
tificate was entered and approved as correct
by the Finance Committee Of the said city
on March l. 1870, and i'll that condition was
placed ON the market by said Coleman &
Co., and purchased by relator.
That relatOr, in compliance with the pro-
visions Of the section No. of the extra
sion of the Legislature of this State, ap-
proved sixteenth of March. 1870, has pre-
sented such registered certificate to the
Mayor, the Administrator of Finance and
the Administrator of Public Accounts of
the city of New Orleans, with the view of
having the same entered on the statement
required by section forty of SAID act. as
matured obligation of the city, so as to
enable relator to obtain certificate from
the Administrator Of the Floating Debt of
said city, as specified in said section forty
of said act, but said Mayor, Administrator
of Public Accounts and Administrator of
Finance refuse to recognize said registered
certificate rs an obligation of the said city.
or place the same as such on the statement
! required by law to be furnished to the Ad-
ministratOr Of the floating debt.
Wherefore, relatOr prays that a writ OF
mandamus issue to B. +. Flanders, Mayor
OF said city, Alfred Shaw, Administrator of
Public Accounts. and John S. Walton, Ad-
ministratOr of Finance, of said city, COM
| manding them to enter and place the said
registered certificate, dated tenth January.
1870 in favor OF John Coleman & Co.. and
by them indorsed, issued in pursuance of
resolution No. A67, for the sum Of $4l3l 16.
as IA matured obligation of said city, due re-
latOr as holder thereof on the statement re-
quired by section 40 of said act No 7, of the
extra session Of the General Assembly Of
this State. approved March Is, 1870. to be
furnished to the Administrator of the Float
ing Debt of said city for settlement, or show
cause to the contrary. on some day to be
fixed by this court. and relatOr prays for all
general relief.
damus to issue us prayed for. returnable Oh
Friday next.
Eighth District Court.
William II. Cooley VS.. Orleans Railroad
Company-In this case the plaintiff en-
joined the Orleans Railroad Company from
tearing up the street and digging the earth
with view to laying down "a railroad
track. the plaintiff alleging that thus
turning up the soil, and exposing it to the
action of the sun. was productive of yellow
fever.
The matter came up for examination on a
rule to set aside the injunction. Judge Dib-
ble held that the petition set forth no cause
of action. and dissolved the injunction.
The Ba2nio on Common Street.
c. l.. Walker VS. Bowman and Hattie
Hamilton-This is a case wherein Bowman
was enioincd from rentin. house in 4 re-
spectacle neighbOrhood to Miss Hattie
Hamilton. fair cyprian. who, it was al
legged. designed TO use the house for dis
reputable purposes. The case came up for
examination. and the court ordered that the
injunction be set aside. on the defendants
giving bond in the sum of $500