New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-16

case from the mate, to answer the charge
before the United States Circuit Court.
Fourth District COurt-A Physician Sues
for Professional Services.
DR.. Pierre Tricou va. Francis Fernandez
This suit is brought by plaintiff to recover
the sum of four hundred and ninety-two
dollars for professional services.
The answer by defendant is that, as the
plaintiff has failed to pay the costs incurred
before the Fifth District Court, in the suit
which he had there instituted against the
appearer, and which said Tricou discOn-
tinued, he has no right to stand in Judgment
before this court. Furthermore that the pc
ttioner has failed to comply with the laws
made and provided in relation to practicing
physicians, and is not duly licensed in ac:
cOrdance to said laws.
The defendant further claims that the pc
titiOner, although having made several Wis.,
its to himself and wife, yet neglected them,
and ceased his visits at a most critical june
ture, thereby greatly cndangcring the life
Of'the defendant and his wife. Wherefore
the respondent ciail.s that he is not indebt-
ed to petitioner for services, but on the con
trary Is entitled to a claim IN reconyentiOn
to the amount OF $1,000, and prays for 4 trial
by jury.
Fourth District COurt-Decision upon n
Petitory Action.
Judge Theard has delivered an elaborate
opinion in the case of Louisiana Mutual In
surance Company Vs. Antonio Cassa, Mrs.
AntOlnette Navarro, intervenor.
1t is a petitOry action, and the cOntrO-
versy relates to "a small property situated
on Craps street. between Spain and Man
deyile. After reviewing the chain of title
Of the respective parties. the court pro-
nounced in favor of Mrs. Antoinette Ma
varre. the ntervenOr. and dismissed the pre-
tensions of the Louisiana Mutual Ins,lran G
Company.
Sixth District C0urt.-Suit wpon u Regis.
tered City Certificate.
Joseph Hernandez vs. City Of New Or
leans.-PetitiOner brings suit to recover a
certain sum of Sl3,0lS on IA certain regis
tered certificate, which certificate was as
signed to petitioner by NJ. .. Tracy, Clerk
of the Second District Court and represents
that the city of New Orleans is indebted to
said Tracy i'll the sum Of Sl3.0 .04S for services
rendered i'll making out an abstract of the
inventory OF all minors whose tutors have
not been required by law to give bond for
their tutOrShip i'll accordance with act No.
IS of the Legislature, approved March 9,
1870.
The answer of nle city is a general de-
NAL, and furthermore denies that the Leg
isature was invested with legal power to
subject the several parishes OF the State to
the payment of costs and expenses Of max
ing IA bstracts OF the inventories of the prop
erty of minors. as averred.
Ii, however. the act approved March 9 be
valid. it makes the tutor. minor and prop
ertv of the minor primarily responsible for
the payment of costs OF rendering alb
stracts, and the liability OF the parish is
secondary.
Furthermore. that the statute violates
paragraph onr, section ten, article one of
the constitution of the United States. and
article one hundred and ten Of the State CON
stitutOn for the year 1863.
Wherefore the defendant prays for trial
by jury.
seventh District Court-Snit Against the
Collector of the Port.
VI. Dejan VS.. James +. Casey, Collector
of Customs for the port of New Orleans
The bark CephaS Sterrett sailed from New
York city. May 20. 1869, having on board, as
per manifest, certain merchandise. entered
''R. &. II. 4 Co. c. P 2l7 cases wine in
bond, shipped by +. Lamontayne to V. J.
Deian.
That said wine was the property of the
petitioner. and was entered in the Custom
house OF this port August l3, 1862 and
placed in bonded warehouse. petitioner Civ
ing bond to j. +. Casey for the payment of
duties
Furthermore. that on October 10, 1870
POO boxes of said wine were illegally sold
at public sale. by said Casey, as having
been warehoused over three years.
The proceeds of the sale were five hundred
and seventy-four dollars-the duties on said
wine being in excess of the samc-and sub
senuent to the sale Casey notified petitioner
of duties unpaid. which were paid under
protest.
Petitioner claims that he was not notified
of said sale, and no legal appraisement was
made of the value of said wine. Wherefore
he brings suit to recover from James +.
Casey SIb13, the market value of the wine
sold az described.
Eighth District Court.
The argument in the great batture cases
was resumed in this court Yesterday and
will doubtless be continued for several days
The POnfcllartrain Railroad Suit Against
the City-The Answer Of the City.
The city Of New Orleans, through City
Attorney Lacey. has filed an answer in the
above suit, in which the city denies the sew
eral allegations of the plaintiffs petition.
For special answer the city sets up that in
ever fifty feet Of land having the depth of
the whole faubourg on each bank OF the
Canal Marigny. and at the same time ceded
to the city and for the use of commerce all
the alluvion or batture situated beyond the
level of the road bordering the river in all
the length of the faubours Marigny.
That in 1880 the city, by resolution.
authorized the Pontchartrain Railroad to
cause their road to run over two strips of
ground, a part of the street or walking
avenue. subject. however. to a right on the
part of said city to withdraw the Use of
said property Whenever in the opinion Of
said city. public interest required such
withdrawal, ii. will appear by reference to
the resolution adopted on the occasion.
The city further sets up that the right
granted by the ordinance of 1890 has been
set aside by a certain ordinance passed by
the Council on the twentieth day of July,
1870. No. 3lS Administration series, and in
OF said revocation the company
is without a shadow of right to use the
aforesaid two strips of land or any part Of
the same
The city also contends that if it should
be pretended that the resolution OF 1890
was irrevOcable in its nature and bestowed
a perpetual Use Of the two strips of land,
and in the event of said pretensOns being
true, that the city. in passing said resOlu-
ton. transcribed its power, and said grants
are null and void and can have no effect.
The city also contends that the rights of
the said Bernard Marigny have been re-
linq,,ishcd to said strips OF land, as he
neglected for some thirty years to make use
of the property. and therefore abandoned
and waived his limited right, leaving the
city in the full and absolute control OF the
same as I. locus publicnS, or as Il street or
highway for the convenience of the public,
etc; wherefore the city prays, for this and
other reasons, that the petition Of plaintiffs
be dismissed.
Magazine Street Rail-
road Case-An Appeal Taken.