New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-04
THE COURTS.
Third District Court.

There is now a new phase in Magazine
street railroad suits. Twenty-Five car driv-
ers on this famous road having entered suit
against the company before the First Jus
tice of the Peace, TO recover wages amount
ing to three thousand dollars, Judgment was
rendered in their favor. Under this judg-
ment the constable of that court seized the
above sum in the hands of G.. S. Sauvinet
Civil Sheriff, as part of a certain sum which
was realized at a pnblic sale of the road, on
April 3, 1871
The Sheriff has filed petition before the
Third District Court, praying for a writ of
prohibition to restrain the said Constable
from acting under said order of seizure.
The Sheriff AYERS that after satisfying the
claims of the Selling creditors, there will
remain large portion of the price, say
$4,000, which he has been ordered to pay
10 the receiver appointed by the Eighth
District Court.
As Civil Sheriff, he is in possession of tie
bonds given for the payment of the above
sum, under the control of the Seventh and
Eighth District Courts, and as such he has
no individual control over the money or
property.
He claims that the First Justice Court
has no authority to interfere, and prays for
writ of prohibition as aforesaid The rule
will be tried on Thursday next
Fourth District Court.
The Civil Code of Louisiana makes pro-
vision for the compulsory transfer of prop
erty. if such property is required pro bono
pubticO. Article 1926 of the Revised Civil
Code of Louisiana reads as follows: THE
first law of society being that the general
interest shall be preferred to that of in
dividuals, any individual, who possesses,
under the protection of the laws. any par
ticular property, is tacitly subjected to the
N of tn ba
whenever 1t becomes necessary for the
general use"
BY virtue of this law the City Attorney
yesterday morning entered suit in the
Fourth District Court against John H.
OConnor. The petition represents that
OConnOr claims to be the owner, and is in
possession of certain unimproved SQUARE
of ground, bounded by the river front,
Richard, Orange and New Levee streets;
that said property is necessary for general
use and public purposes and that, notwith-
standing said fact, defendant refuses to
yield it except upon the receipt of an ex-
erbitant price.
Wherefore petitioner prays that in due
course of law the defendant, John III. OCon-
nor, may be Invested of the property or
square of ground aforesaid, and that the
same may he adjudged to the city upon pay
ment to the owner of all such damages as he
may sustain in consequence of the expro-
priation OF his property.
Upon these representations, Judge Theard
issued the following ORDER
Considering articles 263l and 2640, RAYS
Revised Civil Code, the clerk of the court
will give notice to the owner, and other
wise proceed according to the law in such
cases made and provided.
In the matter OF the CITY of New Orleans
praying for the opening of Royal and Casa
calvo streets, Third District, the report of
the commissioners was approved and
homolOgated. 1t now lies with the city au-
thOrities to open Casacalvo street through
the property OF the Levee Steam Cotton
Press.
In the suit of the city of New Orleans VS..
the Mobile and Chattanooga Railroad Com
pany, in which the city claimed S445 for
Ievee dues on barges during the months of
May, june July, September and Deem
Dor, 1870, the court has rejected the claim
of the city.
Sixth District Court.
In the suit of William Durbridge vs. the
Slaughterhouse Company, claiming large
number of the shares of stock in the com
pany, judgment by default has been rem
dered against defendant.
Mrs. Henrietta Selden Morft, resident !
of Baltimore, has brought suit against |
Joseph Fuentes to recover possession of a |
certain piece of property in this city, con-
sisting of three lots in the fauboug St. John. |
with all the buildings and improvements |
thereon, said property being bounded by |
Esplanade, Washington, Leprage and |
Swamp streets. Petitioner claims that said |
property was duly acquired by Henry NJ.
MOrtit, her father, from William d. Porter. |
son of David Porter, of the United States |
navy, who acquired the same from his
father IN 1885, who. on the seventh of Sep
tember, 1893, acquired it by purchase from
Daniel Clark.
Before the Sixth District Court Friday,
in certain divorce suit, one of the wit,
nesses testified that "the wife of the plain
tiff entered suit some time ago. before the
Board Of Metropolitan Police, to compel
her husband to pay her alimony The
board assembled in council, gave Judgment
in her favor, decreeing the husband to pay
twenty-five dollars per month for her sup
port"
Eighth District Court.
MARQUES VS.. A. Shaw, Administrators
Plaintiff applies for a writ of mandamus to
compel the Administrator of Finance to
issue his warrants in favor of relator for
$1,000, claiming that he is the assignee of