New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-12
THE COURTS.
Eighth District Co1rs-ExeInpt Fifensen
Not to be Excused from Jury Dnty.

Eighth District Co1rt-Exelnpf Firexsez
Not to be Excused from Jury Dnty.
Among the List of jurors called in she
Eighth District Court this morning. in the
trial of the Magazine Street Railroad. OF
Jefferson City, vs. j. II. Young, ct ais.
several exempt rnemters of the FIRE depart
ment asked to be excused, upon the ground
that they had always heretofore been ex-
empted upon this ground. Judge Dibble,
in response to these applications. refused to
excuse. quoting, il support OF mis- decision.
section .l26, p. 49l, Of Say . Revised Statutes,
article ., which says: "Au persons who
! now or hereafter may be enrolled as active
members in any one or more OF the present
or future incorporated fire companies"
! Judge Dibble said that il the parties ask
| ing to be excused could show by certificate
that although they were exempt they still
did active duty, he wonld excuse them. The
custom OF excusins exempt tiremen. he
| thought, most absurd. and ne would not
fall into it, as there was no law 20 sustain 1t.
The Magazine Ssreet KailrOad Contro-
ver.y.
The suits OF the Magazine Stree: Rail
road OF Jefferson City Va. j. II. Young ct
! al, and Of j. II. Young ct al. Va. the Maya
| zlne Street Railroad, were before the Eighth
| District Court yesterday. The history
| of this case is so involved. that an attempt
| suspect. in cur rendering it more unintelli-
| gible. The city Of New Orleans being called
| in warranty, is represented by Assistant
| City Attorney NAPLES.
After argument by L. King Cutler. these
cases were continued ove- unit. tO-da. for
| further argument.
A Divorce Case with Highao,vn Answer.
The laws OF Louisiana. bearin. upon
divorces, give at present great facilities for
the dissolution Of the marriage tie, greater
than the reported lax laws Of Indiana and
Illinois. 1t only now requires that incOm
patibility OF temper exists, and the courts
can not refuse to sever at once the marital
ties. without time OK other circllmstan
being necessary.
Recently, A. NJ. Hill filed a petition in
Judge Leaumont's court Fifth District
Court asking to be divorced from his wife
nee Clara Earl. The reasons assigned are.
that the defendant refuses to live with
petitioner. Or to aid in the support of their
! two children. boy and girl. contrary to
their marriage agreement and the laws OF
the country. Tha, she is destroying the
peace Of petitioner and his children. in this.
that she is notorio,lsly wicked. passionate
and habitually Incorporate. That owl ing
to her cond,lcr. all peace and happiness has
been destroyed, and he desires to be eepa-
rated and to have the care OF his two
children.
Yesterday the detendln. in this case APP
piled at the clerk s Office. over which our
young friend Colonel Louis Power presides,
and with her own hand wrote the folowin.
, answer:
"The defendant. Clara Earl now comes
int" court. and for answer 10 the allegations
in plaintiffs petition. saws:
"'Se. fairly looking into Lies account.
Saw frowns aud iavoTs We're OF Ike amount:
And viewing all his prospects and his purse.
Pray. H,at abe pl,iutf 80 IN peace
I'll. well he do no worse.
land that there be Judgment accnrlin.
to his petition. CLARA EARL.
seventh Distric, Conrt-Hnbea. Corpn-
Case.
One OF the HorhhOu.c prisoners. sent
down by Justice of the Peace Meyer-. was
before Judge Coliens upon wri; OF habeas
corpus, the grounds in the prayer for r..
lease being the same az those urged before
Judge Cooley.
Judge Collens heard the case and re-
served his opinion until this .norn.n..
sixth District Court.
Klein Va. Lowel!.--,Judge Cooley decided
the case OF Klein. a United States letter
carrier, who had brought suit against Post
master Lowell for salary from the date OF
his appointment. Jud.e Cooley decided in
favor of the Postmaster. as Klein could not
show that there was any understandn.
that he Wa. to get pay before b. commenced
work.
supreme Court.
In the Supreme Court yesterday Il rule.
which had been taken against Il member
of the bar. calling upon him to show cause
why he did not return n transcript taken
from the court, was dismissed. as the tran
script was brought into court with a salts
factory explanation.
To-day before the court will come up
the Public School Gases, four in num-
Der. appealed from the Eighth District
Court, upon motion to dismiss the APP
peals.
The titles of the cases up are: |. The
Third Ward School District Of New Or
leans, appellee. vs.. City Board OF School
Directors. appellants. No. 30Ji. .. Van
Norden. Treasurer, etc. appellant, VS..
Thomas W. Conway, State Superintendent.
appellee, No. 3O55. ,. Thomas w. Conway.
State Superintendent OF Public Education,
appellee, VS.. City Board Of School Direct
isiana. ex rel. Van Sorden. Treasurer Of
City Board Of School Directors. appellant,
vs.. Thomas W. Conway, State S,1Dcrintend-
ent OF Public Education, appellee.
Fourth District Court.
Judge Theard will render, this morning.
very interesting opinion touching the re-
sponsibilty Of merchants alleged to be act
ing in tiduciary capacity. The opinion
will be g ven in brief. or IN ertcnso, as the
case may warrant. in the columns OF the
REPUBLICAN.
United STATES District Comrt-ITOn. f. IL.
Durell.
In this eourt Yesterday the names Of
petit jurors were called, twenty-five an
sweriny. The court ordered attachments
to be served on the abscntees. returnable
Oh Saturday,
In the case of Pollock Thompson vs.
Charles II. Webb, in which the plaintiff at
tcmpts to force the defendant into bank
ruptcy, ne having, as alleged in the conf
plaint. committed acts OF bankruptcy in
the true meaning Of the act. together with
making fraudulent cOnveyances Of his prop
erty to the injury OF his creditors. and ab-
scOndinG from the State to avoid process,
the testimony was heard and the case sub
mitted without argument.
l.. GRAHAM & Cos. COUNTISG-KOOM
CALESDAR.-We have received from tho
publishers IA specimen copy Of their calen
dar for 1871. which, for neatness and
beauty of Typography, is equal to anything
OF the kind we have ever seen. Mr.. Graham
is iamou. for excellent taste in the |