New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-27

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1urtherm0ro, respondent says that til
seid plaintiff never has given, or offered L
| give, and ie without the power to grant o
convey to this respondent . legal Of .eouita
bic title to that or any part thereof tina
which the. plaintiff upon the face Of th
| agreement pretends to have formed AMI
delegated himself to bestow, and that il
the absence of an allegation that ench it'll
has been given, and proof thereof upon thu
without the right to recover the judgment
| prayed for, OF any other Judgment or de
cree Whatsoever. That the said plaintiff
having made no mention Of damages in thu
allegations Of his petition, and having
therein prayed for no relief BY way Of judg
rnent in damages, this court is without au
thority in its Judgment to allow damages
even had damages been sustained. which
however, Is denied. sa
Further, respondent says that if the pres
emit action was brought for the recovery OF
damages, which is, however, denied, and NOT
exclusively for the price alleged to have
been agreed upon, no Judgment for damages
can be allowed, the stpulations contained
in the pretended agreement depriving plain
tiff Of all rights, legal and equitable, to de.
mand damages. - M
And now reconvening. and becoming
plaintiff in recOnventi0n, this appealer shows
that the said William s. Pike has, at various
times and in various ways, charged this
appealer with willfully violating an agree
ment alleged to have been entered into be-
tween the said plaintiff and the appealer.
and thereby, and BY. the commencement Of
this suit, involving an expenditure Of money
for counsel fees, costs and expenses, has
subjected this appealer to damages in q sum
not less than ten thousand dollars. Where
fore they pray that in the original demand
Judgment be giveni in favor Of respondents,
and against the said William S. Pike, and
that upon the demand in reconvention that
this appealer may recover ten thousand
dollars from William 8. Pike, with ivefper
cent interest from Judicial demand.
Decision Against the City.
In this court the suits of John Armbrus-
ter W. the city Of New Orleans; B. +.
FLANDERS. Mayor; James Lewis, Admins
traitor Of Police; Z. v. Leclerc, Recorder of
the Third District, and Victor Jourdain,
ssrgeant Of the police; and Widow Soule
vs. the same, and Ernest Valkman We. the
saJne, all engaged in the business Of brew
ing. have beeH decided by Judge Collens,
Who decreed that in each case plaintiffs
should recover from the city &l5l. but dis
missed the suits a. to B. F. Flanders, E. v.
Leclerc and James Lewis.
The petitioners in this case aver that while
in the pursuit Of their calling they were
foreibly arrested and confined in the lock-
mp BY Victor Jourdain, upon. an order from
Recorder Leclerc, for an alleged non com
pliance with certain license ordinance
passed By the city. They alleged that if
such an ordinance does exist Il is illegal,
null end void, and in fagraut violation Of
the laws of the State, and that the Recor-
der had no Jurisdiction to issue any process,
or TO take cognixance Of any suit for taxes,
or to imprison any person for the nom
payment Of taxes or licenses, and is there
fore responsible for damages in thus un-
lawfully issuing his warrants for the said
arrests.
They also Represented that they were in
formed and believed that their arrest and
spiracy between B. +. Flanders, James
Lewis, E. v. Leclerc and Victor Jourdain
and the city Of New Orleans, concocted for
the purpose Of illegally wronging and mali
ciously extorting money from them, etc.
Ceamissiener Weller's Court.
The mate of the steamer Katie, BENJAMIN
Burch by name, was charged BY Jim Mack,
one Of the crew of said steamer. with
grievOus assault and battery. The &C.
cueed, being arrested, aslDd for postpone
ment until Monday next, 90 the case was
continued. q.
The Vulcan sued the schooner Salmon
for compensation for towing, the amount
claimed being one hundred dollars The
parties compromised by advice OF the Com
missioner.
I The first appearance Of John Chinaman
in the court of the Commissioner took place
yesterday. A Celestial who gave his name
as Jim Assom, and his occupation ships
cook, made suit for wages as cook on board
The ship Joseph Fish. The great difficulty
vas to swear the claimant BY any form Of
bath known to our laws. The captain of
Tho vessel, however, owned to the debt,
stating that he had declined to pay it with
put suit, on account Of 8 change Of masters
N the vessel
Nine of the hands on board the Susie
Silver complained that they had engaged
It Louisville to 60 to New Orleans and re-
urn, but that the captain had discharged |
hem at this port. The Commissioner de- |
'ided that the boat must pay their passage |
'0k to Louisville. The captain refused to I
.c4uiesce in this Judgment, 80 the boat was
ibeled. Bond was given, and the case
I'LL go before the United States Circuit
go