New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-03
THE COURTS.
Fifth District COurt-The Magazine Street
Railroad Controversy i'm New Phase.

John T. Michel has filed petition in tn
Fifth District Court representing that, OF
the third of April, 1871, he became the lega
adjudicatee, at public sale by the Sheriff
of the parish of Orleans, of the Magazine
street railroad, together with all tine rights
titles, etc, appertaining thereto; that sait
sale was made by the Sheriff of the parisl
of Orleans, in pursuance of legal process
under judgment directed to said Sheriff
issued under legal proceedings in the Sew
enth District Court in certain suits, anC
that then and thereupOn petitioner pro
ceeded to bid, with a just and bona tide in
tention of becoming the owner of said pre-
erty thus exposed for sale; and that on saio
third of April, lS7 |, being the second crying
by the Sheriff, "a pretended purchaser bid
5000, and said Michel bid $4,000, which
last bid by Michel was peremptOrily refused
notwithstanding the extraordinary cOndi
tons announced by the Sheriff i'll regard to
security were complied with by petitioner.
He further AYERS that on said third of
April, he bid for said property, at the first
crying, $4,000, and that said property was
adiudcated to him under the hammer of
the Sheriff for said sum; that he rendered
good and solvent security for said purchase,
which the Sheriff refused to accept, without
swearing the parties offering themselves as
such, and did illegally accept the bid and Sc
curity of the pretended purchaser for SOS, coo.
He AYERS that the pretended purchasers
were Theodore j. Judd and John Kaiser,
and that said parties pretend a title and
hold possession of said property.
Wherefore, he prays for the citation of
said Judd and Kaiser and of G. 5. Sauvnet,
Civil Sheriff, and that after due proceedings
there be Judgment in his favor, decrceing
that the adjudication of said Magazine
Street Railroad to said Judd and Kaiser is
null and void and should be set aside, and
that petitioner be declared the legal adjudi-
-catee of said property.
Fourth District Court.
Since Monday this court has been occu-
plea with jury cases. Yesterday morning
however, an exception, which hereafter
will recur every Friday, was made, and
Judge Theard devoted his time and atten-
ton to the hearing of rules and excep-
tons.
Administrator Walton Yesterday entered
suit in the Fourth District Court against
number of parties who have not yet paid
their city licenses for the current wear
In the case of E. V. Fassmann vs. +. NJ.
Fisk, published in yesterdays REPUBLICAN,
the jury returned verdict for plaintiff.
Sixth District Court.
John Sheppard representing that he was
engaged by the Mayor and Common Coun-
Gil OF the late City of Jefferson to nurse
and take care of the destitute sick with
smallpox, during the months Of March,
April, May and June, 1869, has brought
suit against the city of New Orleans to re-
cover the sum of five hundred dollars to
compensate him for his services.
Eighth District Court-The Secretary Of
state and the First InsraIlment of
Mobile and Chattanooga Railroad
Bonds, Amounting TO S75O,OOO-The
Whole state Appropriation to the
Road. Amounting to S3,O0O,OOO, Con.
tested.
c. Ii. Slocomb and others have applied
Tor an injunction to restrain George Z.
Bovee, Secretary of State, from signing the
first OF the Mobile and Chattanooga railroad
bonds, amounting to S750,000, which peti-
TONERS aver are about to be issued to said
railroad on the completion of the road to
DonaldsOnville. The following is the petit
lion:
That they are each respective owners of
real estate situated in this State, and do |
each respectively pay taxes annually to the |
State of Louisiana to an amount exceeding |
the sum of five hundred dollars
Petitioners further show that the Legis
lature of this State, by an act approved on
the twenty-trst day Of February 1870,
being act No 81 of the acts of said year
granted to the New Orleans, Mobile and
Chattanooga Railroad Company bonds of
the State of Louisiana to the amount of
three million dollars, to be delivered to
said company.
Petitioners further show that it is further
provided by said act, approved and num-
0ered as aforesaid, that said bonds shall be
Of such denominations as the said company
shall elect; that they shall be numbered
consecutively, and registered in the books
of the Auditor and Treasurer Of this State:
shall be payable to said company or bearer.
IN forty years from date, with eight per cent
interest, payable semi-annually, on the first
day of January and July of each year. in
the city OF New York, for which interest
coupons shall be attached to said bonds.
each of which interest coupons shall have
at the end thereof fac simile of the sigma
tire OF the Treasurer of this State, as such.
and shall be stamped unto the number of
the bond to which it shall be attached
Petitioners would further show that it
is further provided by said act that it shall
be the duty of the Governor of this State to
procure said bonds and coupons to be en-
graved and printed, to sign and seal the {
same, and cause the same to be counter I
signed and registered in the books of the
Auditor and Treasurer of the State afore- t
said; that the Secretary of State is re- |
quired and directed to cOuntersign, and S
the said Auditor TO register said bonds Q
whenever directed By the Governor. G
Petitioners further show that they have /
been informed and believe that the Gov S
ernOr of the State has caused said bonds G
the amount of seven hundred and fifty j
dollars; that he has signed and ?
sealed the same; that he has required and t
directed the Secretary of State to counter r
sign the same, and the Auditor and Treas II
uler OF the State to register said bonds.
Petitioners further show that it is further a
provided by said act that said bonds are to h
De delivered TO the company by instalments, q
As follows, to wit: Whenever said company II
shall have constructed its railroad from a a
point ON the right bank of the Mississippi t.
,iver opposite either of the cities of New e
Orleans, Jefferson, or Carrollton, to Bayou r
Lafourche, at or near DOnaldsonville. in the 81
parish of Ascension, the amount of seven n
hundred aud fifty thousand dollars: when {
aid company shall have constructed its il
abroad from the last named point to a
,oint at or near Vermilionvile, in the par 81
sh of Lafayette, the further amount of 81
seven hundred and fifty thousand dollars: u
the said company shall have con la
tructed its railroad from the said last h,
FAMED point to the Sabine river the further fl
amount OF seven hundred and fifty thou sc
and dollars; and whenever said company 81
hall have constructed its railroad from O.
aid last named point to point at or near d
he city of Houston, in the State of Texas,
he further and remaining amount of seven IL
hundred and fifty thousand dollars. ol
Petitioners further show that the said in CT
crest on said bonds, as well as the money al
or the final payment of the principal la
hereof, is to be raised by taxation on the ii
cal and personal property within the State. al
nd that petitioners, as taxpayers, are di. OF
Getty concerned therein, and as such are te
Untitled to bring this suit. Petitioners fur be
her show that the Legislature in orautino sl