New Orleans Republican., 1871-06-18
eonsonance Herewith, and prayed for 5000

damages. .' -. = - ''..-,i,. II ls.,s
There is no doubt that the municipal cor
porations may close up an establishment as
nuisance, even though a license may have
been granted. These authorities cannot
ALLEVIATE or contract away their police DOW
ers. Still when the officers of city pro-
ceed to abate what they may consider a
nuisance, the person proceeded against has
his resorts to the courts to have that ques-
ton determined ." la s5- - t.lT ..a 40 e.
Quite an amount of evidence was taken
as to whether the plaintiffs show was
nuisance. The opinion of each witness
seemed to depend npon SO many consIdera-
tions that it is hard to tell what was proven.
But since the institution of this suit, Au-
gust %, 1869, the officers of New Orleans
seem to have recOnsidered their view, and
the plaintiff has been able to obtain written
permission to exhibit her flying horses as
usual. '.uEa4 .54lTlI
Taking this action of the Mayor as a
guide, the court will conclude, with the
plaintiffs witnesses, that her place was not
nuisance. Therefore, a judgment will be
rendered perpetuating her injunction, dis
missing the unconventional demand, but re-
serving to the city the full right and power
TO proceed against the plaintiffs establish
ment at any time for the purpose of abating
the same as nuisance.
United States Circuit Court-Bon 4. j.
Durell, District Judge, Presiding
In the case of &. II. Fairbanks VS.. A. w.
Walker the judgment previously rendered
was set aside, and new trial granted.
In the case of r. b. Gibbs VS.. A. W.
Walker, motion for new trial was
refused with costs
In the case of o. @. Burbank, tutrix, etc.,
VS.. +. b. Bigelow, on motion of w. G.
Denegre, receiver, suggesting that he has
in his hands about $l0,SOO, deposited in the
Louisiana National Bank, and that it would
be for the benefit of all parties interested
that the said fund should be so invested as
to yield some revenue, it was ordered that
the receiverer be authorized to withdraw
the said sum from the bank, and invest the
same in bonds of the United States, to be
held subject to the order of the court.
In the case of j. b. Tyler ct al VS.. L.
Hubert, the case having been submitted to
the court by written consent of counsel
waving trial by jury, after due consider
alton the court rendered judgment in favor
of the defendant, with costs. boz. y
In the case of j. b. Taylor ct al VS.. W. H.
Zimmerman, a similar judgment to the pre-
ceding case was rendered, under similar
circumstances, for like reasons. "a H. @
In the case of the United States VS.. P.
Harris, the court, on motion of counsel for
the defense, ordered the prisoner to be re-
leased upon furnishing bail in the sum of
$500, the solvency of his surety to be prop
erIy tested. 1t may be remembered that
Harris was arrested number of months ago
upon a charge of making and altering coun-
terfeit gold coin of the United States, of
which offense he was convicted before the
United States Circuit Court.
A new trial was atterward granted upon
some legal showing, and resulted in mis-
trial as the jury could not agree. We sup
pose the imprObability OF a conviction here
after is the reason why the bonds in this
case are so low. rt. ID ,HvogJ - .aanll--
In the cases of Myra Clark Gaines VS..
the City of New Orleans, and in five other
suits of the same plaintiff against the differ
ent parties, the question of fees to be al
lowed and taxed as costs to John b. Weller,
Master in Chancery, for his services therein.
was referred to J. w. Gurley, Esq, special
commissioner, with instructions to report
speedily.