New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-11

and retained out OF the proceeds OF sale of
such merchandise by REALTORS assigns.
9. Respondent further denies that REALTORS
are entitled to relief. as the sums paid by
them into the treasury, if any, were SO paid
! upon assessments made according to law
| without objection and without protest, that
| such assessments can not now be contra
dicted or altered by relator, and that such
| sums so covered in the treasury can not be
withdrawn, directly or indirectly, except in
case OF specific appropriation previously
| made, setting forth the amount, the purpose
and the mode of payment.
10. Respondent specially denies that re-
lat0r has any power or authority to repre-
| sent the persons whCse names are set forth
| in his petition.
Wherefore your respondent prays that the
| petition OF relator be dismissed and his APP
plication for writ of mandamus be denied
| with costs, and for ali general relief.
Decision by Judge Dibble.
Judge Dibble yesterday delivered oral
opinions in the following cases:
William G. Little VS.. Barret-The plaintiff
sues to recover on draft for $500. The
| defendant was the aoceptor of the draft,
drawn by f. II. Angomar.
The answer was that the plaintiff WAS not
the owner of the draft, not having pur-
chased it for valuable consideration ac-
quired it in the due course of trade. On
the obligation was given for an illegal con-
sideration.
Judge Dibble said: sit is an established
rule that the acceptor can not plead want
of consideration. The law says that notes
passing into the hands of innocent parties
can be recovered upon, even though the
consideration be illegal. The plaintiff swore
that he acquired the draft in the usual
course of trade, and there is no evidence to
0lSDrOVp al hos
proven that the consideration was illegal"
Judgment for plaintiff.
The Matter of Judges Warrants.
Newman VS.. the State AuditOr-The re
lator applied for writ of mandamus to
compel the payment of certain warrants
for SilS0. The answer was that these war
rants can not be paid under the act of the
Legislature of February 25, 1871, by which
an appropriation of $250,OO0. or so much as
may be necessary to pay the mileage, per
diem and contingent expenses of the last
General Assembly, and that these war
rants must be paid before those issued for
any other purpose.
Touching the law providing for the regis
tration of warrants in the State Treasurers
office, and their payment in the order of
registration, Judge Dibble held that mas
much as the act of registration is not men,
toned in the title, it is not part of the act.
He contends that the Legislature has no
power to give one class of warrants any
preference over others.
When the proper officer of the State is
sues warrant upon the treasury there re-
suits an implied contract between the State
and the legal holder of said warrant that
the same will be paid as the money shall
come into the fund against which it is
drawn. Any law which attempts to give
preference to other warrants is an act i'm
pairing the obligation of said contract. and
therefore void. Let the mandamus be made
peremptory.
United States Circuit Court.
In this court, yesterday, Judge Durell
presiding, the case of the Southern Portable |
Gaslight Company VS.. the New Orleans |
HydrO-Carbon Gaslight Company, fee of |
one hundred dollars was ordered to be |
taxed as costs, in favor of M. NJ. Cohen, |
master in chancery, for services in making |
a report herein.
In the case of P. C. Fox vs. H. F. Vickers.
judgment in default was entered against
defendant.
In the case of G. w. Thomas vs. Black.
sher & Miller, the counsel on each side
having waived trial by jury, Judgment |
was given in favor of plaintiff for the sum of
S24OS. with eight per cent interest from
date till paid, and costs of suit.
In the case of j. p. Tweed VS.. b. F.
iahuers, III WHICH SO mucn ulfnculty had |
been experienced in completing jury, the
full number was at last impaneled, and the
trial was proceeding when the court adj
journed.
+. August Geiger, an alien, having COM
piled with the various acts of Congress in
relation to the naturalization of foreigners,
was sworn in and admitted by the court as
a citizen of the United States.
All the members of the United States
grand and petit juries are notified that their
pay for jury service is ready for them. and
they are to call on Deputy Marshal Hol-
lander at the United States marshal's Office