New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-04
TliE COURTS.

for the first time since the adjournment, but
did not render any decisions. although a
number of the members Of the bar were
present. expecting that he would do 80.
would to-day probably commence the read
ing OF opinions which he had prepared during
the holidays.
Among these cases will doubtless be that
of Sauvinet. Civil Sheriff, VS.. Maxwell, his
predecessor, to compel the transfer of mon
eys belonging to litigants, still remaining III
the hands uf the outgoing Sheriff. Several
eases which were fixed for trial before Judge
DIbDlc yesterday. were continued over.
OF these. we may note specially the case
Of the squabblc over the direction and pro
perty Of the New Orleans School OF Medi-
cine, which was sent over until Saturday
the fourteenth instant; the case OF the broker
Mir Eewgass vs. the State Board OF Liquida-
tors, involving'the claim for over :l39,000
for warrants issued by ex-Auditor Wicklitfc,
was continued over until Saturday next the
seventh instant; the ease of the lState rel
Collins 4 Tabor. involving claim against
the city of New Orleans for printing alleged
to have been done for the late City Of JEFF
terson. war continued over un!l Friday the
twentieth instant.
Fifth District Court.
Judge Leaumona, of this court, has
granted a new trial in the slit Of CHARLES
Case receiver Of the First National Bank.
vs. Richard Taylor. lessee Of the New
Canal from the State of Louisiana.
The point involved in this case is whether
the contracts which Mr. Taylor has with
tine State is or is notan ordinary lease. If
ii is an ordinary le;Me, then it is subject 10
seizure: If not, it is exempt.
The case WAS ably argued shor. time
since before Judge Leau,uont. and the
court decided against the contractor and i'll
favor OF the parties suing.
Since his decision, however, he has looked
into the case more thoroughly than before,
and now desires to hear further argument
on the part cf counsel for plaintiff. and in
order 10 arrive at this he granted the appii-
cation for q new trial, when il was applied
for. This case involves some very interest
ing and delicate law points. and we shall
watch its progress with 10 little interest. as
We suspect our legal friends will 90 also.
Sixth District Court.
Judge Cooley has started out in the new
year by timing several Of or well known
business men for ncgleclinr 10 obey the
mandates of his court.
This Judge said from his bench that great
complaints are made to him irolu time to
time by the better classes OF the people re-
specting the character OF the verdicts rem
dered by iuries picked up from the purieus
of the courthouScs, and that so far as he is
able he intends that when good and in.elli-
gent Jurors are drawn he will make a special
point in seeing that they attend and per
form ths duty which thes owe % the
lslblics
Fourth District Court.
Judge 1'Leard, of this couIss Yesterday |
Issued a very important order concerning |
the taking Os testimony and the expediting |
OF the same. which deserves special notice. |,
He has under the order in question ape !
pointed some four or five commissioners, |
who are - take testimony in the clerks |
office, under the eye of Mrs Remick, the !
clerk of the courts BY this arrangement :
witnesses in any case, as soon as they ane
swer a summons, instead Of having TO wait
from day to day, as frequently happens,
will be shown at ol.ce into the clerks office
aud relieved i'll double quicis OF als they /
know respecting tn. case at issue 2
This testimony viii be placed in f:s time
before the judge wlo will be bette. able to
digest J. III this tnrlil aftre count houss than
he woulG il 1t were drawn out piecemeal
from the witnesses upon the standS
1t is estimated that this or'icr wiz :etfuce ;
ably.
Judge fhear' Yesterday delivered TIE 70: ,
owing opinion:
E.lW. Robertson ct al. VS.. Citizens Bank.
In the suit No. 1912 o: the docket Of this
'ourt. the note sued on was subscribed oa
he thirty-tirst Of March. 1859, and secured
,y mortgage executed on the same day,
Dy act before Boudonsquie in this city. BY
\ special clause i'll this act, it is stipulated
hat in case it should become necessary to !
institute legal proceedings for the recovery
,f the note. tie suit may be Instituted and
carried to final judgment in any Of the Disc
rict Courts of New Orleans. z
The necessity having arisen, the aforesaid
~.
vi the third of March, 1866 and the dee
endants were cited as follows: Z. w. Rob !
,rtson in person. in East Bast Baton Rouge;
". Is. Robertson in person, in Ibervilia. and
:. ID. Robertson at his domicil, in Iberville.
They having failed to appear, Judgment
was rendered against them, and the same
vas signed on the fourteenth January, 1866,
execution issued on the seventeenth March,
$50, and in part satisfaction thereof por-
ion OF the Robertsons' property was sold
ind adjudcated TO the Citizens Bank.
Now. the present suit is instituted TO
Innul the original one, No. I6.772. on the
ground that the aet of IS6! does not
authorize a waiver of jurisdiction, ard that
he Robertsons We're not legally cited.
This demand seems to be untenahle, bee
ausc:
/. Tie waiver of surisdictsoa was made
n 1889, two years prior to the act of 1861
|
,overn contracts entered into prior to its
'assage.
2. The ,Robeltsonss were legally c9ted IN
heir respective parishes and did not at I
hat time oppose the proceedings against |
hem.
s. The citation p legal Because the tight
0 institute proceedings and to ''carry the
he right 10 cite. The service of the citation
J made III conformity to the Code OF Prac4
lee, namely, by the sheritfs of the parishes
therein the Roberts0ns resided.
4. The evidence shows furthcs that far ]
rom approving the proceedings instituted
gainst them, the RObertsons have acquired
l the Judgment rendered against them,
ave allowed the same to be executed with
ut opposition. For these reasons plaintiffs ,
emand must be rejected with costs. Judg-
tent accordingly.
T'he Bay Ste Louis Ga-ette geporta the folsp ,
wings
On Thursday, DecemSep s.s gust Setfore ..
nrise, while the eastern horizon was sufa
scd with {. gorgeous, ross light, a rare f.
ectacle could have been seen by any early j
seq The whole of Ship Island and of the E
oulsiana marshes, that are usually invisi
e from the beach at Bay St. Souls, Gtoed
1t i'll bold relief against the morning SIX :. | q
I'd seemed to be only q Se% niles off We
uld distinguish even particular orees, of IL
hose socatioe in tho marshes we rgse g
rare. y
Tho con snly oscu% durias % peculiar
ste oq atmosphere, and With % peculiar
gle Of daylight falIirS GA che sliect. 3
le few oscasiong on NhicI. xe have seen I
ip isisHS from Bay St. Lou;s oec.rrsd, ] o
ell the IpseEsns a6aSc ssiasass. lwses vi
It tssfSrs svpds~p.
~-fs-Asse sSesss