New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-28


der the homestead act. The defense is that
the Sheriff had ample funds in bank out of
which plaintiff might have made her claim
but she has lost it by her own laches; that
the Sheriff was forbidden by military orders
to pay this or any other claim, and that the
sureties are not bound in sOlidO. Judgment
was rendered against the defendants in sol
lido, and the ex-sheriff and two of his sureties
have appealed. Judgment affirmed. How
ell j.
State ex rel John A. Cheevers ct ais, vs.
Gabriel Chelsey-Appeal from the Fourth
Judicial District, parish of st. James. Tho
defendant and one Donnie contend for the
office Of police juror for the Eighth Ward
Of the parish Of St. James. There is
nothing whatever in the record that shows
the interest Of the Office exceeds five hun
dred dollars; therefore this court Is without
jurisdiction. Howell. j.
JenOn Aveaux vs.. V. L. Mayeux ct al. ad
ministrator- Appeal from the district court,
parish of AvOvelles. The plaintiff sues on
a promissory note. dated January 9, 1852
made payable one year after date. Several
credits are indOrsed on the note, the second
on the ninth of January, 1862, the third and
last August "a, 1867, more than five years
Intervening.
Suit was brought and citation acknowl-
edged February }, 1870. The plea of pre-
scription was made by the defendant, which
being sustained BY the court below and
Judgment rendered against him, the plain
tiff has appealed. Judgment affirmed.
Taliaferro, j.
Succession eff Antoine Decuir, deceased
On rule by creditors against the administra-
tor. Judg dgment affirmed, refusing to dis
turb the administrator from his office.
Taliaferro, J.
Succession Of Melissa Robinson, deceased,
opposition to administrators account. Ap-
neal from the Parish Court Of Fast Fell
ciana The opposition overruled. except
as to 5000. the alleged value OF certain
carriage. TaliaferrO, j.
Lewis & Gist VS.. S. Is. Daniels ct al.-Ap-
peal from the Seventh Judicial District
Court, parish Of POinte Coupee.-This is
an Injunction suit. The defendants moved
to dissolve the injunction on two grounds:
l. That there was no affidavit made as
required by law.
9. That the bond was insufficient. The
objection to the affidavit is that the jural
is not signed by an officer authorized to ad
minister oaths. 1t appears that the order
granting the Injunction was rendered by
the district Judge of the proper district,
July IA, 1870. 1t appears also that the
affidavit of one Of the plaintiffs was made
on the same day, and that both the affidavit
and the order We're written on the petition,
the affidavit Immediately preceding the
order. The words ''Sworn to and sub
scribed before me-" etc. are not followed
by the name Of any official. The order is
signed by the Judge. and it recites that
1.-The fore going petition and affidavit cOns!d-
cred, it is ordered etc.
The affidavit is signed by Lewis. one OF
the plaintiffs in the injunction. 1t is clear
that the non-appearance OF the judge sig
nature to the .jural was mere omission.
Both the affidavit and order have made
the same date. and We regard the whole as
continuous act. A case nearly identical
with the present one came before this court
in lS45. The objection there was that the
judge had not signed the jural Of the atfida-
Wit made to obtain an attachment.
The order and the unfinished .jural bore
the same date. In that case Judge Bullard
said: The order recites that the Judge had
read the petition and documents annexed.
He therefore acted on it as an affidavit
sworn to before himself, and in signing the
| order containing that expression, by the
strongest implication, certified that it had
been sworn to before himself In that
! case the motion to dissolve was overruled,
| and we think the same ruling should be
made in the present case. TaliaferrO. j.
Eighth District Court.
| This court was III session but a little while
Yesterday. and adjourned over before
eleven o'clock in the morning.
The suit for damages against the Bank
drinking saloon Royal street, instituted by
c. S. Sauvinet, Civil Sheriff, under the civil
rights bill, is fixed for trial before Judge
| Dibble upon the second proximo.
| Under the provisions of the bill recently
enacted by the Legislature, and which yes
terday became law by the signature of
| Governor Warmoth, cases of this kind,
brought under article thirteen of the State
constitution will, from this date, should the
| jury fail to agree upon a verdict, be sub
mitted at once to the judge. who Is directed
| to pass upon the same without any addi-
tional evidence or argument than that
| which shall have been advanced before the
Jury The act in question IS known as No.
| %, and is entitled IAN act to regulate the
| mode Of trying cases arising under the pro-
| visions OF article thirteen of the constltu-
ton"
| seventh District CourtJThe Scandinavian
| Immigration Society-An Attorney Who
Never saw Five-tw enty Bond.
| A few days since we noticed the fact that
one DR.. v. Bile, claiming to be the presi-
| dent of Scandinavian immigration com
| pany, had commenced suit in the Seventh
district Court, Judge Collens, against a
number Of our well-known merchants and
| doctors of medicine, claiming damages in
the amount Of $5O, 900 for what he termed a
malicious card against him, published in a
newspaper III this city, and signed by the
gentlemen.
Messrs. F.. Smith, F. Boggild. f. Fred
erickson. T. Fry and j. Benton, and Drs
Chopin, Beard. Bruins and Brickell have,
through their attorney, fled a stinging an
swer 20 Billes petition for damages, in
which they set out by denying that they
were actuated by malice in the publication
Of said card, but with a desire to protect
our people, already sufficiently plundered
by unworthy characters, from the arts OF
one whom they knew from personal associ
alton and by information from others to be
unreliable and untrustworthy. and to pre-
vent. so far as lay in their power, injury tc
that immigration which they deem 50 i'm
portant to our State through its conversion
into an instrument Of fraud in the hands o.
designing men.
They especially deny that the said V
Bile is Q man of irreproachable character
and possesses = good reputation in this com
far as known, his whole career in this city
has been one series of false representations
and particularly that he has represented
himself as a graduate of the University o
Copenhagen, and as belonging to the family
of Billie, of Copenhagen, one of the mos
respectable in that city, and as relative o
the Danish minister at Washington, all O.
which representations are false.
And that he declared that he had himsel
received the appointment of minister from
Denmark to the United States, and sought
| in that capacity two Of your respondents
Messrs. Boggild and Fry-as bearers OF dis
patches to the Danish government.
That he stated the funds to pay the e1
penses of the said parties were to be Obtalnet
| bv the sale of some fve-twenty bonds, whicl
l l. . No ri an at