New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-13
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OFFICIAL JOURNAL Of THE UNITED STATES
OFFICIAL JOURNAL OF new ORLEANS
THE COURTS.


The State OF Louisiana, ex relatOr GeOrg
Neutrality-suspicious. states that he is tn
bona fide holder OF six certain warrants
each for the sum of two thousand dollars
oy George w. Carter, Speaker of the Hous,
Of Representatives, William Vigers, Chic
Clerk Of said House, approved by p. Jone.
York chairman OF contingent expenses, and
j. Pinckney Smith, to the order of and in
doreed by the said Smith on the Treasurer
OF the State Of Louisiana that the said
warrants were Numbered respectively, 1853
l76, Is, ia, l63 and l58, all Of which ap.
pears from the warrants annexed.
RelatOr shows that he has presented said
warrants to James Graham, Auditor Of Pub
lie Accounts, and demanded the issuance of
certificates Of Indebtedness therefor, which
demand has been refused. and that the law
has given no other relief than By Man-
damus.
Wherefore he prays that James Graham,
State Auditor, be ordered to show cause, on
Thursday, the fourteenth day Of September.
Why he should not issue certificates Of in
debtedness for said warrants, or why per-
emptory mandamus should not issue.
Judge Emerson, acting in the absence Of
Judge Dibble has ordered the mandamus
to issue as prayed for.
Sugar Shed Company Ebjofn the Pontchar.
train Railroad and Claim 3 10, 900 as
Damages for Encreachments.
The New Orleans Sugar Shed COMPANY
has filed q petition in this court, stating
that they are the owners and pOssessOrs Of
large and valuable sheds erected on the
spaces of the levee known as the sugar
landing, between CustOmhouse and st.
Louis streets, in the First District of this
city, which are used for the shelter and
storing of sugar and molasses: that the
P0ntchartrain Railroad Company are con-
structing siding to their railroad. from
st. Peter street to CustOmhOuse street, and
persist In constructing the same SO near to
the pillars supporting part Of the outside
line Of two Of the sheds as to run under the
apron Of said sheds and to endanger said
sheds and apron, interfere with the bust
ness Of petitioners. destroy the usefulness
thereof in part, depreciate the value and in
crease the rate Of insurance; that petitioners
know OF NO right in the said POntchartrain
Railroad Company to infringe ON their
rights, and to rum the line of their siding
road in such close proximity to the said
sheds and under said aprons.
SsXbat petitioners sheds are built ON the /
spaces designated by the city of New Or
leans for the purpose, and according to !
the lines furnished by the City Surveyor
tor that purpose; that the said aprons are |
necessary and proper for the protection of |
the property stored under said sheds, and |
are usual in all places used for storage,
anu TcCOSuIZcO u NC r1SuC.
That as soon az petitioners ascertained
the intention Of said railroad company to
construct their said sliding, which they
commenced late on Saturday evening, pc
titiOners, through their superintendent, re-
quested said railroad company to desist
therefrom, which they refused, and per-
sisted in said work Of construction, and
have so continued through all day Sunday,
the tenth instant, and are still continuing,
n mi nf l
to th66um Of $4,000; that petitioners re-
serve their right to claim further and
greater damages, and to ask for a pre-
iminary injunction.
The petition closes with the prayer that
the POntchartrain Railroad Company.
through its president, be cited to answer
and condemned to desist from constructing
the apron of the sugar sheds, and from
that or any other railroad
within ten feet of the pillars of said sugar
sheds, and to be condemned to remove said !
railroad or 60 much thereof as NAV be SO
constructed under the said apron of said
sugar sheds or within ten feet Of any of the
pillars of said shed, and be further con-
demned to pay petitioners the said sum of
$4,000 damages and for costs.
Third District Court.
In the case of the city of New Orleans We.
Jean Rabis, Judge Emerson yesterday de-
,ided question which is Of considerable
interest to our landhOlders. A writ of fieri
acias was issued against certain property I
N judgment for taxes for'the year 1867
Mr.. c. E. Whitney, on behalf Of subse-
.uent purchaser, on a rule to set aside the
writ argued that inasmuch as the city had
lot recorded its judgment, its privilege was
,one, and the judgment was personal against
he former pOssessOr only.
The Judge set tho seizure aside and re-. |
eased the property.