New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-19
THE CGUKTS.
United States Clrcalt Court - Judge
'Durell Presiding.

VI
from interfering with his rights on the
levee, came up for examination yesterday.
| Hon. Miles Taylor appeared as counsel for
| Mr.. Morgan.
After the reading OF the bill filed by Mr..
Morgan, Mr.. Taylor asked leave. which WAS
| granted, to file an affidavit showing that
since the filing of the bill asking for an in
| junction, and since the defendants had had
notice of the same, they had, in utter dis
regard of the application, gone On to lay
| down their 1raCke, and to do the very thing
| the court was asked to erjon them doing.
Judge Campbell objected to the tiling OF
the affidavit until he had been notified of
the application to file, but Judge Durell
| ruled that it was proper it should be made
at once, and said the defendants had exhib-
tied very defiant disposition in pushing
| forward their work on the levee before the
| application for an injunction could be heard
| by the court
The case will be resumed this morning at
eleven o'clock.
! The Magazine street Railroad Gaze.
J.D Young vs.. Magazine Street Railroad
! Company of jefferson Clty-This case came
i up yesterday before Judge Dibbie, of the
! Eighth District Court, on a suit to dissolve the
! H. junction, on the ground that the surety
on the Injunction bond was insufficient. and
also on the plea Of LIS peTdeRs, it being
alleged that another suit, involving the
same subject matter, is on file in the Second
| Judicial District Court for the parish of
| jefferson. The case Was continued until
/ next Friday.
| H. S. McComb VS.. Jackson Railroad
! case, which was fixed for yesterday, was
! continued on account of the absence OF
| Judge Campbell one of the principal coun-
| Eel. who was eDgeged in the United States
| Circuit Court.
| Four.h DistYscs Ccurt-Im .torfant De-
olson.
| r. Temple Young, brought suit against
| Scott & Cage ana Charles Cavaroc. for
| sixty-four bales of cotton, shipped by
| HIM to Scott s Gage for sale, and upon
| which no advances mad been made by the
| consignees. The cotton was sequestered on
| shipboard, and is claimed hy Cavaroc as
| owner or pledgee, on the ground that he
made advances to Scott L Cage and received
! ORDERS on the cotton press, as security for
his loan, including the siXty-four bales.
Cavaroc claimed that by the act OF 1868, he
| had the right to hold the cotton against the
consignor, r. Temple Young, as the real
owner. The question involved is, whether
| the act of 1868 meant anything more than y
give to commission merchants the right 20
ii dge press receipts for their own cot
ton, or whether cotton consigned 10 them by
planters for sale could be valldly pledged, SO
as TO destroy the right Ofthe planter to re-
cover his cotton or ats proceeds, II 1t should
be wrongfully pledged.
1t was argued by ID. C. Labatt and Julius
Aroni, Esqs., for plaintiff, that the act only
authorized Scott & Cage to pledge their own
cotton IN press, and not cotton in their
name, belonging to their customers and
stored in press; and that the factor to whom
cotton Was consigned to SELL had no right to
pledge it, without special authority to do so;
that Cavaroc could acquire no greater rights
over plaintiffs cotton than Scott & Cage
had, and that was, to sell and account 10
plaintiff for the proceeds. The judge main.
tanned plaintiffs views of his rights, aud
gave judgment accordingly.
The .Iackson Railroad Case-Flection for
Directors tnioined-Letter from Gen.
Graz Keaures Calls ON the
stock holders to Protest.
Early yesterday morning 81. S. McComb
filed, in the Eighth District Court, Judge
D.bble, q petition for an Injunction to re.
strain TIE president and directors Of the
Jackson Railroad Company from holding an
election for directors, which was to have
taken place yesterday.
The petition sets forth, in substance. that
ON the -- day of April, 1870, H. S.
McComb purchased from the city of New
Orleans so 600 shares of stock in the road,
for which he paid $500 600. giving his bond
for S500,OOO, approved by the Mayor. Plain
tiff alleges that said stock was purchased by
authority of an act of the Legislature and
an ordinance of the Common Council of the
city. He also AYERS that he purchased 35 $50
shares Of the stock owned by the State of
Louisiana in the railroad company; that he
demanded of r S. Charles secretary of the
company, and G. T. Beauregard, its presi-
dent, that they should transfer to him. on
their books, this stock, amounting to liz, 800
shares, and they refused to do so.
Petitioner shows that he has applied for a
mandamus against said railroad company
and said Charles and said Beauresard, to
enforce his legal rights and to enable him
TO assert them by having said stock. pur-
chased as aforesaid from the city and from
the State, transferred to him on the books
of said company, and to enable him to cast
his legal vote, under the provisions of said
law he was entitled to do, but that he has
been unable to have the mandamus. in the
said two cases, determined, although he
has pressed them forward with all the vigor
of which he was capable; but that his rights
are still judiclaiiy undetermined. He
AYERS that in consequence of the inability to
obtain decree of this honorable court be-
fore the time of the election for the direc-
tors of said company, which is advertised to
take place between the hours of A. N. and
P. NJ, on Monday, the eighteenth instant,
that he will not, by reason of the fact above
L,
the owner of 1t, and as such is entitled to
cast ll5 $50 votes of the said stock of the
said company, which said stock is clear
majority of all the stock of the said company
entitled to vote in said election, and that
the said railroad company have refused to
recognize him rs the owner of said stock,
aud as entitled TO. any right under
to permit him to vote therein for
directors, and he will not be able to
cast the vote he is entitled to cast if the con-
templated election takes place; that it will
work an irreparable injury to petitioner;
that the value of his stock will be greatly
impaired and most probably rendered worth
less if the Directors should be elected with
out the vote cast by petitioner; that should
the election go on on the day named, or any |
ether day before your petitioner should be |
enabled to vote on his stock, he will suffer |
an irreparable injury, and that the money |
paid by him for his stock may and probably |
will be lost to him.
Petitioner prayed for an injunction, which |
was issued by Judge Db Die, as follows:
Let writ of injunction issue rs within |
prayed for, and according to law, upon Pc !
TONER'S giving bond in the sum of twenty |
five thousand dollars, conditioned as the |
law directs, and let the New Orleans, Jack |
son and Great Northern Railroad Company, |
G. I. Beauregard, president thereof, and the |
directors and stockholders and all commits |
sioners of election be prohibited, enjoined |
and restrained from holdiEg any election for |
directors of said company. or from receiving
or counting said votes thereof, until the |
further order Of this court.
HENRY C. DIBBLE, Judge.
New Orleans, April l6, 1870.
Upon the service of the Injunction, Gen. |
ersl Beauregar issused the following letter:
NEW ORLEANS. JACKSON AND GREAT
NORTHERN RAILROAD COMPANY. :