New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-17
ORLEANS TUESDAY, JANUARY II, 1871

offices OF said corporation created by the
act Of March 8, 1867, nor did it vacate the
Offices filed by election under said act; and,
therefore, the appointment Of Aechc a.
Mayor was not valid.
The case was in principal identical with
these before us, and for the reasons assigned
therein we think the judgments appealed
from should be annulled. the writs OF man
damts herein should be set aside and the
petitions Of the various rc)ators I've dis
missed ut their costs. and it is 40 ordered.
Wyly,J J.
State ex rel Felix ]. Leche w. J. J.
kreider.-Appeal from Second District
reasons yivcn in the Code OF State cX rel.
I>eche vs. kreider, 2EA., ,4S2, that Judgment
OF the court Ymo be annulled, the man.
damus herein set aside, and petition dis
missed AT costs Of reiator in both courts.
Wyly.J.
State Of Louisiana ex rc!. Daniel Soully
ct al vs.. Canal and Claiborne Street Rail
road Company.-Appeal from the FNth Dis
trict Court, parish Of Orleans dgment
Of the lower court a qua respecting relator'e
application be affirmed with costs. Wyly. j.
Succession of Amanda Hatcher.--Appeal
from the parish court, parish Of East Fell
ciana.-Motion to dismiss appeal for want
of proper parties must prevail Appeal dis
missed at appellants cost. Wyly.J.
John West vs.Aristide Miltenberger. .Ap-
peal from the Sixth District Court, parish
OF Orlcan-.---ln this ease the defendant ;,p-
pealad from a judgment Of u jury against
him, based on the following Instrument:
NEw ORLEANS, February 3, 1867.
joix. West, Luurfin Georgia
DEAR SIR--ln accordance with the IN
structions Of Or. j. +. holland. Of West
Baton Ronge, have placed to your credit
Job I hcl S,,h;
order.
Yours respectfully,
AR. MlLTENBERGER
The defense is, thas the consideration Of
the letter OF credit was Confederate money.
Ir defense Of this, says the court, the de-
fendant attempts to prove that holland in
ktructed him to sell his sugar crop for Con-
iederate money; that No!and had no other
funds in his hands. and when he gave the
letter of credit to the plaintiff. as requested
By holland. the motive in consi.leratirE to
him was Confederate money.
Assuming that this WIS tho ca~e, the
court adds. We do not think tn. defense a
valid one.
The defender. aljegc. tia, IL was ia 20
way connected with this Confederate
money transaction: ne -wears he never bt>
Hevel that the consideration in the stipu-
iation bttwe.p holland and the defendant
was NOnltutr.itS money, tlc Gen. he Heiu
agains, holland was not for that unlawful
currency. and he IS simply :ryin. TO collec.
a valid debt. After citing authorize. and
ably dgesting the case, the court affirmed
the decision Of the lower court. WHY'D.
austin. Thorpe q Co., ct ais. Vs., Da
Kocha. Becker 4 Co., Mrs. Pelanne and
other opponents.--Appeal from the Fourth
| District Court.-Judgment affirmed. after
being amended in seyera! respects and after
the rendering ofa lengthy opinion. WHY'D.
State ex rel. Coons vs.. the Judge o: the
Thirteenth Judicial District.-On applica-
ton for Observation-Disclosures .L.s.ie peE-
emtory. Howe. ).
State cN rel Towbe Va. the Judge .: the
Thirteenth Judicial Distriet.-On ,pplra-
ton for mardamus.--siandam made per
eInp,ory tor same reasons as tho..3 IN case Of
St..toeN rel. Coons. Howe, j.
Mira. Ann Smith. widow, etc. a,nlinls:ia-
irx. e: ais. Va. James II. jones -. a! -
Appeal from Fifth Distric; Court. parish Ci
Orleans. Judgment affirmed. Howe, J.
John l.. Sterry Va. Thomas G. Noel
Appea! from DiStric: Court. parish q. .I..:.y-
~oA.--.Judgment affirmed. Howe;