New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-11-09
THE COURTS.

The Fifth District Court yesterday tried
the case Of Abrams, Hendricks L. CO
against the Era No. 9. This is q sui
| against the owners or the Era for the valu,
of certain consignments shipped on boart
the Texarcana for Shreveport, and lost il
the sinking Of that vessel in collision with
| the Era, in consequence. the plaintiff:
claim, by the default and gross Degiigene,
Of the defendants, owners of the cOllidin,
| steamer. The case was submitted for de
| cisiOn.
In the Sixth District Court suits brought
consisted, one Of claim on promissory not,
for five thousand dollars, against q member
of firm formerly possessed Of large means
but now in pecuniary distress; another of q
! supplemental petition was filed in q divorce
suit, waged by the husband against the wife
wherein the petitioner AYERS the defendant
came to his house, abused and insulted him
threatened to kill him, and said she had q
man employed to take his life, besides, or
still another occasion, while he was attend
ing his mothers funeral, the defendant as
saulted and threw shells and rocks at him
This supplemental prayer is now pinned OF
to the original.
The jury in the suit of Thomas Mcknight
against the city awarded the plaintiff five
thousand dollars damages. The city, &C.
cording to the petition, having contracted
with the plaintiff to sprinkle water on
streets, in which business he had already
invested a large amount of money. had
ended the contract before its expiration,
causing ten thousand dollars damages.
motion for new trial has been filed in
the Seventh District Court in the case of j.
b. LetOrey against E. j. FOrstall and others.
Besides this, the motion to fix the fee of an
expert, a rule for removal of cause of
Eruth against Fasnacht, and petition for
executOry process to Immediately issue,
were all filed yesterday. An amended
petition was filed in q suit originally in
stituted on draft Of three hundred dollars
which had gone to protest.
Suit has been entered in the Eighth Dis
trict Court BY John L; Cook, J. w. Thomas
attorney. against j. w. Hillman and An
tome Dubuclet. praying that the null;ty Of
the order or judgment rendered in the suit
of Hillman against Dubuclet, on the seven
teenth Of July last, may be decreed, and
also praying that the nullity of all acts
hereunder may be decreed, and that John
Klein may be also summoned, to assert his
rights, if any he has, in the premises, This
order or Judgment now attacked directed
the state Treasurer to register all warrants
Of the Auditor on the general fund as
presented in q registry book for that pur-
pose, and commanded the Treasurer to nav
the registered warrants only in the exact
order Of registry.
The Judgment or order is held. to- be null
and void for reasons which follow:
!. Being judgment rendered by consent
OF parties. it can have effect only as be-
tween the parties themselves.
2. Designed to have effect on third parties
they were not cited to appear.
3. In so far as it exceeded the amount in
controversy, it was one il which. the parties
had no interest.
4. There Is no law which supports it, nor
was one referred to in the reasons.
5. 1t ia against the law requiring the
treasurer to pay any warrant lawfully
drawn ON the treasurer.
6. The confession Of Judgment made BY
law defining his duties
It is also held that all other acts of the
Treasurer Hereunder are null and void,
The opening and oIeration of the registry
book is held to work an irTeparable injury
to the petitioner. TIE judgment is null. be-
canee there is NO law to authorize it. Among
other availing themselves of registry is
John Klein, who has caused to be registered
over $2OO, 600. whieh was done Immediately
after the rendition Of the judgment and be-
fore the petitioner had notice, thereby ac-
quiring an unjust and unlawful preference.
The said judgment operates perpetual bar
to the petitioners collection Of his warrants
for an unlimited space of time, and almost
destroys their market value.
United States C0mnissioner's Court-Be.
fere Unltea States Commissiener
Weller. 35r .4.lt
Two roustabouts yesterday brought suit
against the steamboat Little Fleta for wages
during round trip between New Orleans
and Shreveport. The captain claimed the
right to deduct rom their wages the price
the downward trip; but as the loss could
not be attributed q the csrelessness Of theee
two particular hands, the 'Commisaioner
held that they we're not responsible, and
gave jadSmSlt II fAvur 0f the claimaufa ~
the entire wages earned. E-7 y