New Orleans Republican., 1871-12-09
TIE COURTS.

II the Second District Court.
In the Seventh District Court the case of
Samuel Smith 4 Co. against the city, for in
terest ON city notes. was decided by Jud ge
Colens against the corporation.
The plaintiffs represent that they were
holders. in July, 1870. of $326. .6l9 80 in city
notes. which. being issued to pay the debts
OF the city. and put in circulation on the
city's credit, were on the first Of January
1869. rejected as liabilities and obligations
OF the city, and. bv an ordinance. the city
officials were directed not 10 receive city
notes in payment of dues.
That in consequence Of s.ich ordinance
and its execution, the value of said notes
was greatly deprecated: that at the same
time when they We're refused in payment OF
debts to the city, no provision was made
for their payment by the city government
and no offer or tender of payment was
made. but all demands upon the officials Of
the city government for their payment was
refused: that from January !. 1869. 10 July
2. 1870, there was no money IN the city
treasury to pay said notes, and that the city
disputed her legal and constitutional obl-
CATION to pay the same. and resisted legal
processes on that ground. Therefore. by
these and other acts. the city was placed IL
default ON the said notes. and became lIa-
bic for the legal interest thereon, from Jan
nary !. 1869, to July ,. 1870 for which, n
the sum OF $24, ,5S7 30 the plaintiffs sued 10
recover.
After the doctrine held that the notes did
not become due until payment was de
,nandel, the judge went on to say that the
debtor owes interest only from maturity of
the note as determined by demand and de
fault. and then decided as follows
The acts OF the parties in this case are
sufficient to constitute demand and default
in regard to the notes held on January |,
i>ta but not at all with regard to those
subsequently acquired.
\ creditor may, upon making due reserTa-
ton. receive part payment without prejl-
,.cng his demand for the remainder. tie
NAV even under certain circumstances. such
as those which happened i'll this case. si' e
~ the written evidence of debt, without
t,rtit;ug that remainder. Judgment for
S2l.JS. %.
In the snit of the Mississippi Valley Nav
.at:on Company against the Governor. TO
compel him to subscribe for one thousand
shares of its stock, wherein Judgment was
rendered making the mandanus peremp-
tory. an appeal has been taken 70 the 81
preme Court.
The city has brought suit in this cour:
against Edward j. Rigney. ~ prevent him
from collecting levee dues i'll the Sixth Dis
t,ict formerly jefferson. The city AYERS that
l., cn-.-. as the purchaser of those dues from
lie CITY of Jefferson, has violated the agree
ment entered into at the time the same were
sold to him. The city therefore prays that
.le contract of sale be Cancelled and he'd
Tor naught. and that Rigney he contcmnet.
to ',ay 10 said city the sum OF S!5.oOo. which
amount. it is alleged. he has collected in es
cess of the amount paid by him on account
of said contract.
In the case of the State OF Louisiana ex
rel Board of State Assessors, John W.
swords VS. James Graham. State Auditor,
the rule has been made absolute declaring
the appeal taken by NJ NJ. Finney. as III
terveuor after Judgment. to be devolutive
ONLY. and the rule was made absolute
aLains. the Auditor. ordering him to pro
ceed to execute the Judgment. Counsel for
tnney gave notice that he would apply to
the Supreme Court for mandanus com
pellinr the Judge of the Eighth District
Court to grant him suspensve appeal.
Inited states Circuit Court-IIon. E. II.
Durell. Presiding.
In this conrt the Grand Jury already en-
paneled will be convened on Tuesday next,
when they will receive the charge of Judge
Durell. The following are their names:
Edward Murphy, J. Nugent, j. II Black
mar. Il. l.. Arey, J. f. Bridge, II. }: Nose,
Stephen Chalaron, Jules Cassard. Charles
Wagner, j. =. Sarazin. james Buckner.
trancke. J. A. Leton, Charles Latirte, X.
Sproule II. B. krumbhart, James Pollock.
J. G. Dennis, NJ. ID. Wallace {. Cavaroc.
A ". Merriman.
The Gnines Liti9atiOn.
In the Circuit Court of the United States,
on Wednesday last, Judge Durell presiding.
came up for argument the application for
au Injunction against Myra Clark Gaines to
prevent her from enforcing her claims to
certain property in the possession of FE-
ente-. Robertson. Swan. E-nard, MousseauX.
Brunet and others. These claims were
founded upon the Will which was probated
il 1876 as the last Will of D,niel Clark
father of Mrs. Gaines. by virtue of de
cree of the Supreme Court of Louisiana,
which will recognized Mrs. Gaines as the
only child aud heir OF the testator. and con
stituted her his universal lega,ec. The
Gains of Mrs. Gaines to the property IN
were founded further upon certain
opinions of the Supreme Court of the United
States recognizing her as the legitimate
daughter of Daniel Clark.
The petitioners for in iuncti"n set forth
that they had instituted proceedings to set
aside and annul the probate of the will
above referred TO. ami had obtained the
I'D gment and decree of the Probate Court
OF Orleans parish. revoking and annui.ing
the probate OF the said will.
Judge Durell declined to grant the in
junction. preieGring that the question OF It's
issue should be determined by Judge Woods.
presiding Judge OF the court who has not
yei taken his seat in the court during the
y-a.trt form