New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-11
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nfFlclAl JOURNAL OF the UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
THE COURTS.
Ri~hth District Court-AnQpjunction aske'
f.r 20 Prevent the DepesftinS Of Til
naxes and Contents in the Bank Of New

II
holder in the Bank of New Orleans, prays
far 4 writ Of injunction to restrain (the said
hank from receiving ON deposit bank or tin
hoxea and their contents-plate, jewelry
and other. misunderstanding that the
bank Is acting as depository for the same
without pay or charge for tho same; that by
,so receiving, the bank becomes liable for
.same time the hank can not possibly derive
any benefit therefrOm; that by such risks
and exposures of the bank to damages ON
ACCOUNT of said deposits, tho property of tho
bank, and especially Of the petitioner, is I'M
necessarily imperiled and may be entirely
Lost; that the petitioner has right in law
and equity to be fully protected from any
count Of such acts, and to demand of the
court that the bank may be enjoined in the
premises. The injunction will be tried on
the fifteenth instant
sixth District Court-verdict in the Jack.
von Railroad Damage Suit-suit Against
the City in the Matter of Banquettes-
Challenge to tho Jury Array Overruled.
In the suit of A. 3. Myers vs.. the New
Orleans, jackson and Great Northern Rail
road Company, in which damages were
claimed in $25 900 for an ejectment from the
ears of the said road. the jury before which
it was tried have returned a verdict in favor
Of the plaintiff and against the company
II. Damned, John Connerly, Elizabeth H.
.Diball, A. McLaurin, H. II. Hansell and
Julia Whan. all residents of this city, have
brought suit in the Sixth District Court,
Judge Cooley. through their attorneys, to
compel the annulling of city contract
with Messrs. Page & Co. for laying a patent
concrete pavement on the north side OF St.
Charles avenue, between State and TOle-
4dano streets:
The petitioners set up that they own some
nine hundred feet fronting upon that pOr-
ton Of st. Charles avenue above named,
and that the action Of the city in making
the contract was Illegal and injurious to the
rights of petitioners. They set up several
grounds of resistance to the claim to be
made upon them for payment of the said
work, and ask, in conclusion, that they be
released from the same, and that the city
be held instead.
In this court, counsel, in damage suit
before said court, challenged the jury ar
ray on the ground of informally in the
manner of the drawing of the same. Judge
Cooley, after hearing evidence on the part
Of Civil Sheriff C. S. Sauvinet, stated that
,Quired the Sheriff to put the names OF the
jury list in the box from which they are to
be drawn Gin the month of December"
The law, as he read it, made it the duty
of the Sheriff to furnish list of the jurors
in that month. 1t was presumable that
this list was to be furnished by the Sheriff
to the judges Of the several district courts.
This list the Sheriff had furnished to him
and to the other judges, and he must,
therefore, overrule the challenge to the ar
', WITH. The case was accordingly proceeded
; Richard Muckle Va. the Jefferson City
,Gaslight Company.-Plaintiff sues to re-
cover $255 900 for this: That ae was employed
BY John Lockwood, of said gaslight COM
pany, to do certain work on the buildings
Of the company on Valence street, in this
his duties on the roof of the building of said
COMPANY, the wooden stancheOns support
ing the roof were naliciously cut away,
notwithstanding the repeated protest of
plaintiff, and the act Of such cutting away
precipitated him to the ground and buried
him beneath the ruins; that his jaw and
three ribs were broken. besides suffering
other injuries, which disabled him for life,
and rendered it impossible for him to ever
pursue his occupation again.
That the damage could have been
avoided, but for some reason unknown to
petitioner, the support of the roof was cut
sway by order Of the defendent: Where
fore, in consequence Of damages aforesaid,
he prays that he may recover from said
Gaslight Company and John Lockwood the
The answer of John Lock wood denies that
the cutting away of the supports was by
order OF the company, or himself, and
furthermore that plaintiff agreed to receive
- compensation for his injuries the pay
ment of the physician for fees in attending
him, which has already been done by de-
fendant.
Fifth District Court.-Judsment Against a
shipped.
Davis e. Rosenthal vs.. Steamboat Bis
marck.-Plaintifs, commercial firm in
Little Rock, shipped on board steamer Bis
marck, June 4, 1869. through their agents,
Cohen & Endel, at New Orleans. five cases
of merchandise, consigned to petitioners at
Little Rock. That said cases were receipted
for by the steamer in good order, but upon
their arrival at Little Rock it was found
that various articles had been distracted
therefrom, to the value of 1928 IA. There
fbre, they brought suit to recover the value
of the goods thus missing
The goods were reshipped by the steamer
at the mouth of White river tor Little Rock.
Judge beaumont has rendered judgment
in favor Of the plaintiffs, condemning the
steamer to pay the sum claimed $500
taken in the case OF Higgins VS.. Haley in
which the jury recently rendered a verdict
against Higgins.
Third District Court-Judement in Favor
Of the Firemea's Charitable Associa-
tion.
Joseph Measer VS.. John Quinn-Firemen's
Charitable Association, warrantOrs. The
facts of this case are that, in January last,
John Quinn, who is the sexton at Cypress
Grove cemetery, discovered two hogs in the
act of roofing the graves in the cemetery,
whereupon he got his gun and killed them
Az consequence, Mr.. Quinn was presented
by Joseph Msaser a small account reading
thus: John Quinn, to Joseph Measer, dr.,
for two hogs at $2O-$40," and upon re.
fusal to liquidate, the sexton was, without
hesitation, brought before the Second JUS
tice Court, and sued upon the same. Judg-
mept for thirty dollars and costs was rem
dered in favor of plaintiff, whereupon the
defendant appealed.
The defense is that Quinn was obliged to
exercise the utmost care to prevent the de-
predatiOns of animals within the cemetery,
and had notified plaintiff and others to
keep their animals out Of said inclosure,
and that in shooting said hogs he was sim
ply performing his duty.
Judge Emerson has decided the case by
rendering judgment in favor of the Fire
mems Charitable Association, reversing the
decree OF the Second Justice Court.
United States District Court.
In thdcase of ID. Francis We. V. A. Four
met ct al, it was ordered that as regards the
defendant Jules Gay. the suit be discOn-
tinued, but continued as regards the other
defendants, and fixed for trial in due
course.
In the case of the United States Vs. George