New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-05
THE COURTS
UnfLed states District Court-J udge
Darrell.

United states District Court-,Judse
In this court yesterday, after the business
of the morning hour had been disposed Of,
Mr.. Philip Hickey Morgan, United States
District Attorney arose and, to the surprise
OF the bar, announced the TACT OF ms reslg-
nation. He said that In vacsting his posi-
tion, he could not forbear saying, though he
was poor in compliment, that during his
term of official service he had experienced
nothing but courtesy and fair treatment ut
the hands of his Honor, 80 that he had not,
in a single instance, been compelled to take
bill of exceptions to his rulings, or an
appeal from his decisions. y ~
Judge Morgans brief remarks, OF which we
do not attempt synopsis, were character
lied by dignity and warm feeling, and were
appropriately responded to by Judge Durell,
who bore witness to the unvarying zeal and
assiduity with which the District Attorney
had applied himself to his duties, and the
I ability he had displayed in their discharge.
Judge Morgan then moved the continu-
ance of all the cases pending in the Circuit
and District Courts in which the United
States is party, until the appointment of
his successor. His motion was granted by
the court, Judge Durell stating that he
would appoint an attorney to take charge of
the United States business during the in-
term.
United States Circuit Court Judge
DureM Presiding.
D. D. Withers VS.. New Orleans and Jack
son Railroad Company, in chancery.-In
this case complainant claims the vaYle of
| fifteen hundred coupons, issued by the com.
pany, amounting to seventy-five thousand
dollars, secured by first mortgage. Yes
| terday Judge Durell rendered decree in
favor Of complainant for the full amount
claimed.
Third District Court
Boyd, Jamison & Co. vs.. Cavaroc.-This is
a suit to recover storage of thirty cents a
bale on cotton purchased by defendant, and
to be removed, for COMPRISING, to the
Safety or Shippers Press, and not hauled
the day it was weighed. Being test case,
it has excited much interest among cotton
dealers and presemen, and was very fully
argued by B. F. Jonas, for plaintiffs, and
Hon. A Voorhies for defendant. His Honor
Judge Emmerson to-day affirmed the judg-
ment of Justice Collins in favor of plaintiffs.
Sixth District Court-Heavy Judgment
Against the city.
Robert Howes VS.. city of New Orleans
This suit was brought to recover the value
OF property destroyed by fire in April last.
Petitioner claims the destruction of his
property was caused by the failure of the
supply of water in the fre.plugs, which it
was the duty of the city to furnish, Judge
Cooley yesterday rendered q judgment in the
Case, WHICH cODcfuOeS as IOllUWS.
The plaintiff claims the sum of $39, 500.
The evidence proves that the property
destroyed was worth more than that sum.
There must be Judgment in favor of plaintiff
against the city for S39, 800 less $500 re-
celved by him from the insurance company.
The Time. Libel Suit-A New Trial
Granted.
J. III. Cass VS.. the New Orleans If,nes-In
this case, wherein plaintiff obtained q ver-
dict of a jury for 5000 damages for the pub
lication of an alleged libel, in the Times of
proprietor, and Mark F. Bigney, editor,
made motion for new trial. Judge Col
lens, of the Seventh District Court, yester.
day granted the new trial on the ground
that there was no proof showing that the
plaintiff had been injured in property or
character by the publication complained of,
and that the damages were excessive.
Eighth District Court-A SHARP Transae-
tiOn-A KailFO sold 70 Song.
James H. Young VS.. The Magazine Street
Railroad Company, ct al. 1t appears by
the petition filed for an Injunction in this
case, that on the second day of March, 1870,
the plaintiff purchased from the city of JEFF
ferson, through its officials, the. whole frac--
tion of the Magazine Street Railroad, with
the cars, about fifty mules and othar para
phernaia of complete street railroad, ex-
tOAuibS3 hpul lOECOduO btICCt VI JOeeDA
street, for $25, 600, or for $500 year during
the term of fifty years.
For this large property, stated in his petit
tion to be worth SIS 900, he absolutely paid
nothing in cash, but for each yearly pay
ment he gave his note for the sum of $500.
Claimant AYERS that the Magazine Street
Railroad Company and Peter Kaiser, George
Mertz, Charles Leidic, John Stub and Jo-
seph Kaiser. without right or title, have
entered upon and taken possession of said
railroad, its cars, mules, and other pro-
perty, and have deprived him of the peace.
able possession thereof. He AYERS that by
reason of these wrongful acts he has already
sustained damages in the sum Of $4,000. and
if defendants are permitted to continue in
possession of the railroad, that he will suffer
an additional loss and damage in the sum OF
$50, 600.
Claimant further AYERS that the city of
Jefferson is bound to protecthim in his right
to the property, and is liable to him by way
of damages in the further sum OF $50 600. for
all of which the city of New Orleans Is re-
sponeible, having assumed all the rights and
liabilities OF the late city Of Jefferson, by the
terms of the new city charter. Plaintiff asks,
| in case he be not maintained in his possession
of the railroad, that the city of New Orleans
be condemned to pay him damages in the,
| sum of $52, 900, and return him his notes for
| S25 600.
On this showing an Injunction was asked
for and issued, the bond being fixed a.
$4,000.
The injunction was duly served, but it ap-
pears that the defendants refused obedience.
Thereupon, at an early hour yesterday
morning, plaintiff filed a supplemental petit
ton, setting forth that defendants had
| refused to obey the order of court, and ask
| ing that the property be sequestered, which
was done.
The defendants, being advised of these
proceedings, employed Judge j. B. Cotton to
look after their interests. From Judge Cot
toms statement it appears that there has al.
| ready been CONVERSATION concerning this
matter before Judge Pardee, of the Second
Judicial District Court of the parish of JEFF
| terson, and also another suit pending before
the Seventh District Court, Judge Collens.
The papers relating to the subject in the
Seventh Court were yesterday transferred to
the Eighth. when, upon motion of Judge J.
| Is. Cotton, defendants were allowed to give
! a counter bond and take the property out of
| the hands of the Sheriff
| The case will be again called up, and
| some rich developments may be expected.
Ahne saddle, bride, spurs, and all the
! equipments for doing little euuestrianism