New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-04
THE COURTS.


State ex rel. Ship Island Canal Company
vs. City of New Orleans.-The following is
the decision rendered in this case by Judge
Emmerson, Of the Third District Court,
sitting in the place of Judge Dibble, Of the
Eighth District Court
The late City of Jefferson entered into a
contract with relators, by which it engaged
to pay to REALTORS $32, 900 per annum for
twenty-five years, for the privilege of drain
ing into a canal lateral to and connecting
with their main canal. This contract was
duly executed before a notary public. A.
further engagement required the late city
authorities to enter upon the backs of 400
bonds, to be issued by relators, the ortli-
nance authorizing the contract, and to sign
the same thereon by certain Of its officers,
who refused TO perform the duty.
The city of New Orleans succeeded to
the rights as well as to the duties and liabil-
tiles of the city. of jefferson, and is now
called upon to fulfill the duty which the lat
ter failed to perform, and to verify the
copies of said ordinance upon said bonds.
A mandamus to that effect having been
made absolute, the respondent moves an ap-
peal. To the motion for q suspensive ap-
peal the relators except, on the ground that
the Judge presiding in the court has no legal
authority to act herein. After mature de-
liberation, mllst oyerrule the exception.
On the merits, the relators deny that re-
spondents have any appealable interest,
that is to say, an interest appreciable in
money value $500. On the last day of the
argument, respondents filed an affidavit,
signed by the Mayor and City Attorney, in
which they allege that not an interest ex-
lists, to the best OF their knowledge and be-
lief, and contend that it is conclusive.
can not accede to this proposition. Whether
there is or is not an appealable interest,
must depend upon the facts as disclosed by
the record. .....-...
From this learn that the duty exacted
Of the respondents, if performed, will create
no debt and create no liability. The debt
has already been created by ordinance and
by contract, which ordinance and contract
have not been revoked or annulled. The
verifcation on the backs of the bonds can
not be held as an agreement to pay the
bonds, or as a guarantee of their payment,
nor will it in terms or by implication in
crease OF vary the contract already made,
OF the liability already fixed.
That it would create new debt is not
claimed. fail to perceive i'll what manner
the verification or Endorsement, as it is
termed will cause any injury, much less an
irreparable injury, to respondents. The
motion for appeal must be refused, and the
exception taken by relatOr be dismissed.
Let the motion herein filed for suspensive
appeal be overruled. aud let the respondent
be ordered to perform without delay the
duty required by the decree herein rem
dered.
State ex rel. Jacob Strauss VS.. Southern
Bank.-The following is the decision rem
dered by Judge EmmersOn in the above case
in the Eighth District Court:
This matter fixed for trial for this day.
came up for trial.
When, after hearing pleadings and evi
dence, it is ordered. adjudged and decreed
that the writ of mandamus herein prayed
for be made peremptory on relatOr giving
bond to respondent, with good and solvent
security in the sum of $4,000, to save
respondent harmless in case a judicial de-
cree should be rendered upon a petition
filed within five years from the ninth of
April, 1870, condemning respondent to pay
said check of $4,000. That the Southern
Bank, through its President, be and is
hereby ordered and commanded to balance
the bank book of1the relator, Jacob Strauss,
to credit him with the proper sums, as ap-
pears by said book he has deposited, de-
ducting such checks as have been paid and
to forbear charging him with the sum of
$4,000 on any pretence of a certified check
being out, drawn by relator, or on any other
person whatever and thus balanced, the
bank book be returned to tine relator. And
it is further ordered that respondent pay
costs of these proceedings.