New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-21
THX COURTS.

THE COURTS.
Business in the several civil District |
Courts yesterday was not Of that lively !
character calculated to interest the general !
reader.
Eighth District Court.
The business of this court yesterday was |
confined almost exclusively to the trial OF |
the long winded case of J. II. Young ct ais. |
vs. the Magazine Street Railroad Ut Je1er- |
son City. !
The case was progressing up to a late |
hour Last night, and when our report closed, |
had not been decided. X. King Cutler had !
the closing speech.
During the day recess was taken N
| order to allow the judge, counsel and jury |
to get their dinner, which they evidently |
Fourth District Court.
This court was occupied yesterday in the
| trial of ;,nappealable cases. The following
| suit is to be tried in this court:
! William B. Ripley vs.. the New Orleans
! Daily .Neus ct al. Plaintiff sues the late
New Orleans Daily Nc,rs to recover the
amount of 1896 60 for services rendered az
| business manager, river repOrte", etc.
Defendants deny that they are indebted
! to petitioner. and file an answer i'll recon-
| vention. claiming that plaintiff has col
| icctcd moneys belonging to said DAILY hs''s.
| and that. in final settlement, he is indebted
| to them III the amount OF >4!0.
| In this court, the old trustees Of st. James
| Chapel. African Methodist Episcopal tool
ored). OF which one A.. Zenar is president.
and the famous Rev. Mr.. Norega is sccre
| t;lry have been sued for the sum o. two
hundred dollars by Charles Heath.
Seventh District Court.
| In the seventeen suits filed in this court
nv the butchers. in which the Crescent City
Live Stock Landing and Slaughterhouse
| Company are defendants to claims tor dam
ages in large amounts, i'll consequence OF
the alleged unauthorized seizure and de-
| struct;oD Of meats by the agents of said
company last spring. answers were tiled
this morning by W. II. Hunt, counsel for
the company, i'll which Il general denial iI
pleaded.
The opinion OF the bar. witt, whom we
have converscd upon this question. seems
to be that the company will be obliged TO
nav the amounts claimed in these suits. In
equity they ought to do so, if not in law.
| In this same court was filed suit this
morning. BY Jacob +. Wild W.. A. Ernest.
in which the plaintiff seeks to compel the
defendant TO perform and carry into effect a
contract of transfer and dissolution OF
partnership in accordance with the true
spirit of Il contract entered into between
them.
1t appears from the petition that the plain
tiff in conjunction with the defendant. pur-
chased from Messrs Samuel and Louis
Faschnachx their brewery. situated on the
Duplantier and Calliope streets. for SlOO,0OO
and commenced business under the name
and sty!c of A. Erath & Co. Subsequently
Erath desired Il dissolution Of the Copart
nership. and Wild retained the brewery. 1t
is 10 compel Erath to sign certain transfers
of the same that the suit is brought. Dam
ages are also claimed on account OF vcx-
.,3;o Eel. ntC in the 81. tNel
Third District Court.
la the Third District Court Judge Eme.
son. the court Of appeal from Justice
Court. a dog case WAS argued yesterday. in
which Messrs. Cotton and Levy appear on
one side, and Messrs. Dirha MINER & Ken
upon the other. In this case the dog of one
, party attempted to bite the other and he was
, shot. A claim of 500 was made. and i'll tho
, lower court verdict Of some $40 Was
, allowed. The case is now upon appeal.
, In this court, few days since, an entire
, day was taken up in arguing Il suit IN
,, which forty dollars was claimed by n. Ait:
) mont ofG. f. Burk, for the alleged destruc-
D ton of a small muscat grape vine growing
upon the premises of the latter.
1t appears that Mr.. Burk was having his
house, which ad joins plaintiffs. raised and
| the yrorhlnen engaged in doing the work
tranp!ed ;.pOn the muscat !lne, which. one
witness said. was about the size of = broom
| straw.
In the lower court the Justice of the
Peace gave Il Judgment for the plaintiff III
the sum of twenty-five dollars.
0 Judge EInmerson. after hearing the ca -
thoroughly. non-sutcd the plaintiff.
! Upon the trial of the case it was shown
that these grape vines can be purchased OF
horticuturists at the rate of fifteen cents
dozen for planting, and that they would NOT
| produce for three wears. Tho plaintiff. in
| ..11ouu1 hot th1. viz would
tainly have borne by the spring; that by its
wanton and cruel destruction his family
a | we quote from the pctltion-had been de
0 barred all the pleasure, agreeableness and
o delicious relish which they had fondly looked
a forward to in the yield of this rich grape.
Sixth District Court.
Another habcas corpus case OF a work
house prisoner, an alleged vagrant. viii be
before this court this morning.
r +. J. Bigney VS.. City Of New Orleans
, The facts in this case, as set forth in petit
ton, are as follows:
Some time since Mr. Bohb leased from
- the city the privilege Of running ferry
, across the river at Jefferson City, and in
E. payment for said privilege gave his separate
) notes in the sum Of - Subsequently
:, to the lease above mentioned, the petitioner
= in this case purchased from the city the
g right to collect all wharf dues, etc. and
r claimed the payment to him of notes not
l. yet due, mentioned as representing part OF
the wharf dues.
e Judgment was yesterday morning rem
: iered in favor Of the plaintiff in the sum OF
:, $50, that being the amount of the above
t notes not yet due or paid.
e The case of Brown vs.. City of New Or
IL leans; came before the courts Tor trial to-
day. and for the third time, was continued;
Mr.. Waples, representing the city, averriny
that the newly appointed city attorneys
:, were SO busily employed as to nccessitate
:. :, the holding over Of some of the city's suits.
It In the ease above petitioner claims to have
= made contract to clean the city, conditioned
I. upon the fact that the city would constantly
=. keep at work the draining machine. This
Ii they neglected to do and as consequence
,, petitioner incurred an extra expense oi
!; $4,000 in cleaning canals, which would have
q not been incurred had the city fulfilled its
t contract.
= United States Circuit Court.
Il The United States vs.. Duncan Smith
G Suit was entered yesterday by United
; States District Attorney Beckwith, on the
u part of the government, against Duncan
Smith ex-mail contractor on the route U't
from Mermenton, by Lake Archer. to Grand
Chenier The suit is to recover the sum OF
:, three hundred and eighty-one dollars and
d sixty-two cents, alleged to be the difference
,, in compensation paid by petitioner 1.-THE
:, United States) to William COttrell, the
= present mail contractor on the above route
D and the compensation for which Smith had
II contracted to perform the service.
r Sarah a. Holt vs. j. B. Walton, ct ais
! ipp,, &c