New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-10

seized certain DOnoS On the commercial
Waterworks and the Jackson Railroad, and
was about to sell them, when the city en-
iOined their sale, on this grounds thar the
bonds seized had the character of public
property and could not be seized for the
benefit of a private individual On the trial
the lower court dissolved the injunction and
awarded the defendant five hundrsdI dDllars
damages, which deciaioR was affirmed by
the Supreme Court. with costs. Lacey &
Butler for appellee.
b. L. Britten VS.. Aymar & Bryant and
| Jerome Bradley 81 Go.-Appeal from the
\ Fourth District Court, parish of 0eleans.-
Howe, J.-This cssS was a suit TO recover
the sum OF $93538 73, the same being for
alleged depreciation, in the price of 925
bales of cotton belonging to the plaintiff,
and seized by the United States, authOritiel
at Camden Arkansas. and sent to New Or
leans. After an investigation the cotton
was released amt delivered To the defend
ants, but was soon after again seized.
During this secoad seizure the price of cot
ton fell considerably. Added to this was
the difference inYalue of the cotton delivered
to the defendants and that restored by
them, together with injuries received in con
sequence OF bad storage and damages by
substitution OF rubbish for good ordinary
cotton. On the trial in the lower court,
Judge Theard gave decision for the de
PENDANTS with costs, which decision the Su-
preme Court has affirmed.
Luc BeeLe vs.. Succession of Charles
Beebe.-By Justice Howe. Application for
amandamas against the Judge of the Second
District Court, TO compel him to grant
suspensive appeal, and to restrain him from
further action in the case. The application
was refused, at relatOr's cost, the court re-
serving to him the right to proceed, if neces-
sary, BY prohibition.
Mrs. Widow de st. Romes, Victor de ST.
Romeo subrOgated, vs. Mrs Widow Fanny
Blanc ct ais. Octave Morel and Oscar Isnard
ntervenors.-A from the Seventh Dis
trict' Court, parish of Orleans.-By Chief
Justice Ludeling, Judgment of tho lower
court affirmed, with costs of appeal
Southern Dry Dock Company Va. the
steamboat j. d. Perry, Captain A Baird
and Owners.-Appeal from the Fifth District
| Court, parish of Orleans.-This was a suit
TO recover the sum of $l029 49, due the
plaintiff for repairs done to tho steamboat
| j. D. Perry, and for which provisional
| seizure had been issued. Associate Justice
Howe in an elaborate decision ordered that
the judgment appealed from be reversed
and further ordered that the writ of proyi-
sional seizure issued be quashed, with costs;
| that the plaintiff have Judgment against the
| defendant, A. Baird, for the sum of $l029 49,
with legal interest from January ,, 1857,
| and other costs of the lower court and that
| the appellees pay the costs of appeal.
| peal from the First District Court, parish of
| Orleans-IIowe, J.-The defendant was
| found guilty of forgery, and sentenced to
| four years Imprisonment. Judgment
affirmed. In this case Judge Howe was ex-
| ceedingly happy in defining the status of a
/ juryman who was foreigner
Justin Cachau vs. j. N. Canterau, Jr.-
| Appeal from the Fifth District Court, par
! ish of Orleans-HOwe, J.-This was a suit
] to recover sum Of money alleged to have
| been collected in the year 1861, by the de-
! tendant, as the agent of the plaintiff, and
| paid 10 him in Confederate money; the
| plaintiff at the time. it is alleged, making no
| objection. In 1862, however, he commenced
| a suit for the amount, without repudiating
| the defendants acta3 his agent, or claiming
| damages for it as Illegal or unauthorized.
| The Supreme Court decided that under the
settled Jurisprudence of the State the plain
! tiff can not recover. and therefore affirmed
| tue decision of the lower court, which was
in favor of defendant,
| s. b. Graves and husband VS.. S. L.. Hun
| ter, assignee of Burbridge 81 Co.-Appeal
from the Fifth Judicial District Court, par
ish of East Feliciana.a-By Associate Justice
| TaliaferrO.--DecisiOu OF District Court,
affirmed, with cost.
John Davidson va. Carroll, Hoy & Co.
BY Chief Justice MISUNDERSTANDING re-
fused.
-. thEtuut Vs. w W. tlpOu.-DN
Chief Justice Ludelng.--On rehearing.-
Motion to dismiss the appeal.-Ordered
that the decree heretofore rendered by the
court in this case be act aside, and that the
motion to dismiss the appeal be Overruled.
Elizabeth MurisOn ct al. vs.. G. Seller &
CO.-Appeal from the Seventh District
Court Of New Orleans-By Associate Jus
tiee Taliaferro.-MotiOn to dismiss appeal
overruled.
L. Lastrapes ct ais. Va. Rosa ROeQuet.-
Appeal from the Fifth District Court, parish
of Orleans.-By Associate Justice Howell
Judgment of lower court affirmed.
j. I. Michel vs.. Sheriff parish of Orleans
ct al.-Appeal from the Fifth District
Court, parish OF Orleans.-Judgment of the
lower court affirmed.
State of Louisiana vs. Hugh o. Ames.-
Appeal from the Second District Court,
parish of Orleans. This il a suit to annul n
judgment confirming an act of last will and
putting in possession the party name 4
therein as universal legatee. The action is
brought in the name of the State, on the
alleged ground that the will probated is a
forgery, and that the succession pretended
to be bequeathed by it belongs of right to
the State, in default of there being any one
legally entitled to succeed.
There was Judgment in the court below
annulling the order probating the will, and
ordering its execution as having been rem
u6TeO contrary 10 law. Inc ubIenudnJ APP
pealed, and Associate Justice Taliaterro
ordered that the judgment of the District
Court be annulled, avoided and reversed;
That the defendant be quieted in his owner
ship and possession of the property ac-
quired by him as the universal legatee of
his late wife, and which was devised to her
as the universal legatee OF Joseph Field,
deceased.
Eishth District COnrt.
Judge Dibble did not render any de-
cisions yesterday.
Several suits, in which the Chattanooga
Railroad Company are defendants, and one
in which they are plaintiffs, were called for
argument upon their merits, but were con-
tinued over until to day.
The question as to the right of the State
or city to grant any portion of the batture
in front of the city for railroad or other
it is to be hoped viii be definitely settled.
Second District COart-wul of the Late
x. BI. Denman.
The will of the late Ralph Marsh Den
man has been prObated in the Second Dis
trict Court. The will was written in the
State of New Jersey and constitutes Mary
X. Matthews, sister of deceased, Oscar l..
Baldwin, of Newark, New Jersey, and An
drew Smith and Adam Giffen, of New Or
leans, executors. All OF the above, except
Mr.. Baldwin, to act as executors ia Louis
lana.
After providing for all Just debts and
funeral expenses, he gives to Mary r.
Matthews and Oscar K. Baldwin $1,000 in
trust, the dividend to be paid as follows
That on $500 to the parents or guardian
OF his namesa1e, William Ralph Cox, eldest
son of William and Mary Cox, Of New
York, until he arFfVea at tWenty-One wears