New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-17
THE COURTS.

by the Overflow.
The mystery which has hung round the
case of the contested recordership of the
Fourth District seems to thicken as the
facts are revealed, but it is probable that
light will soon be thrown upon the matter
and what now appears dark become as
bright as day.
In the Sixth District Court, Judge Cooley
an application for a writ of habeas corpus
has been filed on behalf of William Spahr
committed to the Parish Prison on a charge
of dangerously wounding his wife The
writ is returnable to-day at ten o'clock
William Spahr, through his attorneys,
Braughn & Buck and j. \. Wilson, asks to be
discharged, on the ground that the order OF
commitment is null, void and illegal. be-
cause it euanated from one A. +. Billings,
who signed said order as Recorder of the
Fourth District, and the petitioner alleges
that said Billings is not the legal Recorder;
that A. E. Billings is acting under the color
of an appointment by Governor Warmoth,
and subpoena duces tecum has been asked
for to compel HIM TO appear and produce in
open court the certificate of his appoint
ment. The examination of this case Is
looked to with some interest, as it will de-
velop some new facts connected with the
contest for the Office of Recorder of the
Fourth District between William Weber
anu n i<' 1tiAiAhSSs
Eighth District Court.
Judge Dibble has nearly got through de-
Iivering opinions in the several cases pend
ing before his court. In the several Chat
tanooga railroad suits no decisions will be
given during the present term. The records
in these cases are being printed, and for
this reason, principally, Judge Dibble has
postponed giving his decisions therein un til
the term commencing next fall.
Maurice n. Bowman and thirteen others,
farmers residing above and in the vicinity
of Camp. Parapet in the parish of Jefferson,
have entered IA suit against the city to re-
cover severally damages amounting in the
aggregate TO S7l70.
They represent that the embankment
known as Camp Parapet, runs from the
river to the Metairie Ridge, and prevents
the flow of waters which naturally run from
the estates above, and by backing up the
water, stops the natural flow thereof, OBJ
structing the drainage. They assert that
there were made in the embankment GER
tain outlets, sufficient in number TO permit
the waters to pass off; that in April. 1871,
the city, without warrant Of law, caused
these outlets to be filed up, thereby inn
peding the flow of waters from the farms
above, belonging to petitioners.
subsequently, in consequence of the late
continuous storms, the farms of petitioners
have been overfiowed, and the crops there
on damaged in the amount claimed. Plain
tiffs aver that said overflow occurred
through the unwarrantable stoppage of the
outlets referred to- and that the city is
liable for damages.
In the case of Henry Bidwell vs. Charles
the Bank of New Orleans and sue
cession of Toledano. Judge Dibble has given
judgment in favor of defendants. The fol-
lowing is his opinion:
This is an action of AGITATION or SANDER
of title. The plaintiff is in possession of
certain real estate situated on st. Charles
street, in the square bounded by St. Charles,
Girod and Lafayette streets,
and he alleges that the Bank of New Or
leans has set up title thereto, and that
Mr. Cavaroc, the president, has notified
the tenant of petitioner to pay the rent at
the institution; therefore this injunction
suit and prayer for $4,000 damages.
The Bank of New Orleans responds, sets
up title to the property and prays to be de-
creed owner.
The plaintiff insists that this suit should
not be considered as action of SANDER of
title; that it was only a suit for damages
for trespass. A person must not sue another
for setting up title to property without Civ
ing the person so brought into court the OPP
portunity of justifying his conduct and
making good his claim; the issue made in
this litigation is the ownership of the prop
erty. Each party produces his muniments
OF title. The proceeding must be considered
an action of jactitation.
| have carefully examined the document
airy evidence produced, together with the
briefs of the parties l think that the de-
Iendant has made out clear title to the
| rest this opinion upon the cor
rectness of the decision of the Supreme
Court, in the case of Savenat ct al. VS.. LIE
Breton eft al, La. 500. By that decision.
Marie Savenat, from whom defendants hold
heir titles, was decreed to be the owner of
he property as against the transferees OF
her husband, from whom plain
itf holds. The fact that this judgment was
annulled for want of citation
Ices not affect the correctness of the conclu-
'ions of the court as to the rights of Madame
Savenat The element of good faith is want
ng. Let there be judgment for the defend.
,nts, the Bank Of New Orleans. as prayed
or.
Fourth District Court.
William r. Hodges has instituted suit in
his court against Neill Brothers & Co., to
ecover the sum of Sl8,4 2l 40. Petitioner
epresents that the late firm of Hodges,
Todd IL Co. was creditor of Neill Brothers
( Co. in the aforesaid amount: that the
Charles NJ. Todd-have transferred and
.ssigned to petitioner, for valuable con
liberation, their claims against Neill |
Brothers 81 Co., and that, amicable de-
nand Notwithstanding, defendants have |
allied to pay said debt.
First District Court.
The Grand Jury found the following true
ills:
In the case of James Hendricks, charged
nth having, on the fourth of April,
and falsely made, forged and
Ounterfeited the following order:
10. GAL New ORLEANS, April a, 1871.
Pay for Captain Lewis Guion three hun
red dollars. NJ. j: SMITH.
This with intent to defraud Marshall j.
NTH.
In the case of James McKenna. charged
18th stealing four hundred pounds of brass,
alued at twenty-five cents per pound, from
ne steamer Welcome, the court ordered a
apias to be issued in both cases.
The court ordered a capias in the cases
{ Stephen Alexander, j. Cooper, Mary
,umont, George Powers and Charles Me
ntyre, all committed to the Parish Prison
y Recorder Houghton, against all of whom
was filed. This was done as
recaution, Oh motion OF the District At
Srney, that no more writs of habeas corpus
hould be obtained with the same result as
q the Atwell-Andrews case.
Seventh District Court,
Judge Collens, who is always ready to
ttend to the business before him, was com
elled to postpone several important cases
because of the non-attendance
f ten out of eleven witnesses who had
cen summoned to appear. The cases will
OF come up again till next November. a
act not calculated to exhilerate the par
les litigant.
nited states Circuit Court, Hon. K. III.
DurelI, District Judge, Presiding.
In the case of John z. Tweed VS.. B. +.
Handlers, it appearing to the court that this