New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-01
THE COURTS.
Sixth DISTRICT C0urt-NIore of the Munday
ImbrogIio - Justice. Evans. Non Est
,IudRe CaaleY ON the War Path.

-ImbrOgIio - Justice Evans Non Est
Judge Cooley on the War Path.
1t was rumored that the " Munday i'm
fbroglio" would be revived in the Sixth Dis
trict Court yesterday friday morning, in
the surrender of Justice Evans, and from
that moment an expectant crowd hlled
every avenue and corridor leading to the
- courtroom. what will he do with him !!
was repeated from lip to lip with the eager
interest inspired by strife of athletes or a
menagerie of curious animals. Men stood
on tiptoe and looked eagerly over each
others heads, while those behind pressed
into sea of upturned faces,
Neither the judge or the justice were in
tae court when the reporter arrived there;
but very soon atterward Judge Cooley en-
tered and convened his court. Justice
Evans not being present, Officer McManus
was called to the stand on a question OF
contempt. Judge Cooley asked him;
"Where were you when you arrested
Munday ~
Il did not really arrest him-Oficer
Dumas did"
where was he p
'In the corridor, going toward the
alley"
"You were there for the purpose of as
sisting him."
eyes, sir"
Ex-Judge Sadler was then called to the
stand. He said that Munday was arrested
Just as he stepped of the clerk $ office door,
near the iron doorway leading into the
alley: witness saw the arrest made.
Mr.. Wilson testified TO the same thing;
as did also Mr. Kendall. an attorney.
Mr.. Schwartz, the reporter of the Times,
also witnessed the arrest: 1t was effected Ill
the corridor, in the iron gate.
Officer McManus desired TO interrogate
the witnesses, and they were brought back;
but their subsequent testimony did not
modify that already given.
Sergeant McManus introduced number
of witnesses TO prove that it was Dumas,
and not he who made the arrest.
The Judge said it was immaterial which
officer arrested him first. According to your
own admission, you are guilty OF violating
the sanctuary of the court therefore, you
are sentenced to ten days imprisonment in
the Parish Prison.
When the case of Sergeant MeManus was
disposed of, Judge Coolet inquired if any
thing had been heard, of the fugitive justice
of the peace. tt.-
The answer being in the negative, he di-
rected the Sheriff to pat two deputies in
Commercial alley, and keep them there till
he was taken into custody
Seventh District COurt-Important Deci-
sion by Judge CoIlens-A Debtor May
not Impair the Claims of His Creditors
by Collateral Agreement With one
Creditor.
w. Barrett VS. A. P. Hard ct als.-This'is
an injunction suit. Some time ago Barrett
failed in business, and the defendants, his
creditors, signed an agreement, together
with other creditors to release Barrett from
his debts upon certain compromise. Pre-
viously, however, Hard and Barrett had
made a private agreement that in view OF
the fact that Hard was TO induce the COM
mon creditors TO sign the release. he Hard
should receive the full amount of his claim.
after the settlement with all the creditors,
except Hard, he proceeds on a judgment,
which he had obtained against Barrett, for
lhis whole claim, and seizes certain prop
.erty, relying upon the collateral agreement
mentioned as emitting him to recover the
full amount. Barrett brings this injunction
suit to restrain him from so doing
In his opinion Judge Collens says:
The collateral agreement relied on by de-
PENDANT, and disputed by plaintiff, gives an
advantage to defendants over the other cred
itors who signed the public contract COM
mon to all. 1t was concealed and was
legal fraud, and cannot be enforced. 1t
matters not that the plaintiff was willing to
comply with it at one time; he is at liberty
at any moment TO recede from it, and con-
fine himself to the principal contract which
is binding on the defendants as contracting
not only Win Lhe pld4nIIH, Out WIFI Ine
other creditors of plaintiff.
1t would be unjust to the other creditors,
and contrary to public policy, TO allow de-
PENDANTS to derive any advantage whatever
from their collateral and secret agreement
with plaintiff-an insolvent debtor.
Courts of justice will not enforce agree
ments entered into which, by means of arti-
flee. are to obtain one creditor undue add
vantage over another" C. c., 1879.
1t is therefore ordered that the injunction
be made perpetual, the judgment of A. 7.
Hard against William Barrett be declared
forfeited by the tender on deposit made
plaintiff.
Eighth District Court.
John E.. Leet & Co., publishers of the
Abbeville Flag, have applied for writ of
snandamus to compel James Graham, Au-
ditor, to issue his warrants for 1854, that
amount being claimed by the REALTORS for
publishing in their paper certain acts, un-
der contract with the proper otfic OF
the State, by virtue of the provisions of an
act entitled IAN act relative to public
printing"