New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-11-21

Decisions Of the supreme Cour,

Dects10ns Of the Supreme Court.
Important decisions Of the Supreme
Court of Louisiana were Yesterday rem
dered, touching questions OF political. ju
d'clal and practical significance, and q
synopsis of the greater part Us appended.
The mandamus Of Mcknight against the
Judge of the Sixth District Court, to com
pei the granting OF an appeal, was refused
on the ground, among others, that the
amount in dispute did not exceed five hun
dred dollars.
The mandamus on the Judge of the Sixth
Judicial District Court. compelling the
answer Of a rule nisi in the case Of Alfred
Penn, was made percmptOry.
The mandamus on the clerk of the Sixth
District Court. by f. X. Washington. ia
compel the delivery Of a transcript of an.
peal, was granted, the court holding as fol.
lows:
ut may therefore be regarded as settled
that the clerk Of the lower court can NOT
coerce a settlement OF his disputes with par
ties in regard to costs by Withholding the
transcript OF appeal
The mandamus on the Judge of the Eighth
District Court. taken by Murtagh, was
made peremptory, to grant an appeal on the
principal ground that the right OF appeal
could not he controlled in the case by the
validity OF the contract presented only by
the unconventional demands.
The mandamus on the Judge of the
Eighth District Court. on the application OF
the Havana Steamship and Lottery Com
pany, was refused.
The mandamus on the Eighth District
Court taken by D. G. Byerly, to grant an
appeal on in the case is granted on the fol;
lowing ground: 1T is settled by several
decisions of this court that third party
may appeal from a udgment if he shows a
direct pecuniary interest in a suit, and that
interest amounts to a sufficient sum to give
jurisdiction to the appellate court. The re-
lator making oath to his direct pecunialy
interest, We think the appeal should have
been granted"
The appeal from judgment of the Sixth
District Court. in the case of NJ. b. Irwin
vs.. Levy & Dieter, was pronounced upon
by Justice TaliaterrO. and the judgment an
nulled. the decision being grounded on the
following conclusions: 1T results that the
traffic OF the parties engaged in this litiga-
ton being in contraventiOn Of a prOhibitOry
law, it must he pronounced that the con-
tracts they entered irtO in the course of
their illicit trade are null and void, and
that this suit can not be entertained"
That prescription runs against the State
was reatfirmed III the case Of the State
gainst the heirs Of 4. White.
The Judgment of the Second Distric. |
Court was affirmed in the case Of j. A. Peel |
against David Grant
The judgment of the Eighth District |
Court. in the suit waged by the Louisiana
Lottery Company against A. RichOux & |
Co.. to restrain them by injunction from
vending Havana lottery tickets, in viola
ion Of the exclusive rights Of the COMPANY
vas affirmed, and the injunction stands
perpetual. Dismissing in this report the
determination of questions appertaining to
practice. the merits ef the defense consisted
q attacking the form and manner of pass
ng the law, upon which the court held that.
When legislative act is duly promul-
gated, according to the constitution and
avs under which it is passed, we find no
authority in the judiciary department to
ook behind it. The court goes on to say
hat ''the opposite doctrine would lead to a
cry confused and perplexing state of at.
airs iu the administration of laws" In
upon the objection to the title
1 the lottery act. the court ruled it fulfilled
he condition of the constitution.
Judgment of the Seventh District Court
4 the suit of the Southern Dry Dock Com
any against the steamship William Tabor
nd owners was affirmed. The plaintiffs
led tor repairs and supplies furnished. the
recOnvening to claim sum due
y the negligence Of the company, and the
elay caused .
Judgment OF the Fourth District Court in
he snit of Henry Peychaud against j. B.
God, in favor of plaintiff, who sued on Z
och note OF the defendants, was affirmed.
be plea of the defendant that he sub c
ribbed to the Great Southern and Western !
tie and Accident Insurance Company. a
lth the understanding that he was not to Z
, held liable for the amount of his suh- a
ription, was disregarded by the court 4
at ruled there were no merits in the de- a
nse to the suit. Such agreements the n
urt held can not affect creditors The b
aintiff as liquidatOr of the company had T
thority to bring the suit d
Judgment Of the Fourth District Court IN :
suit OF the city against j. NJ. Hoyle ct .,
: IN 1avor ct the city, annulled. The Ct
y claiming an exclusive right to keep
WIDER magazines in the State enjoined the 81
iendan1s from interfering with their ST
hit, and they appealed. P,
Judgment Of the Seventh District Court at
!he case succession of George Allan az
ilnst Jean Is. COuret and others, sustain a.
the plea Of prescription, was affirmed.
Judgment of the Fourth District Court Oh
The suit Of the State against the wardens
the st. Louis cathedral, in favor of the at
endants, was set aside. -
Judgment in the Fifth District Court, in ce
SUIT OF w. Emmer against Mrs. James
lily. was affirmed.
~ tue LlSntn District Court. |
he case of the Louisiana State Lotterv
npany against the Alabama Mutual Aid
ociatlon, in favor Of the plaintiff, was ov
med. ""' be-
ne ne case OF Charles Laudumiez against fro
Clty National Bank, was remanded for lid
w trial to the Sixth District Court, ex
Their decisions Of minor importance were fig
Tered. wi
i IL" Fifth District Court Yesterday. fig
sc beaumont decided the suit brought
Abrams, Hendricks Il Co. against the to
No. 9. The plaintiffs were shippers Of Or
sht on the Texarkana, and set up that 60
he fault and negligence of the Era their NJ,
ght was destroyed in the collision, and Str
&c the defendants were responsible. Co
Judge held that both boats were at v
t in not complying with the law. which u n.
rides bell should be sounded when a. q, I
lin six hundred yards of a bend" ana Is J.
l being at fault, both liable to shippers. at
the Sixth District Court Henry Jack ~;
has sued Recorder Billings for five hun d hy
dollars, damages for false imprisOn- Opt
{. onl
lillian Hawksworth applied in the p peI
18th District Court for a mandamus on san an
of the Crescent City Gaslight reg
lpany. to recognize him as the owner Of
en- hundred shares Of its stock, and per-
the transfer, which the secretary re- Sto
s to do. Arr
L. Long, executor Of the estate of A. al
'Ong. applied for mandamus directing T.
lnsfer OF a similar number of shares. Cle'
I'm Mathers has brought suit as Cle'
er vi vo-V VI what are known as con- Sto,
emu expense warrants. similar to the StOt
r suits filed during the past few days, To
ASKING Tor m0ndamus. som
the suit of the State of Iou;s;apo on evel
.al.t;nn ne +bo N;.s;ss;,.,,; III Mon
"a N o v. ."o ~ HssieSlpPi "iiey NdvI- sine
~ company OF tue southwest vs.. ii. the
FarmOth, Governor, Messrs. Semmes e. veal
, E..