New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-03
THE COURTS.

Suit has been brought in the Second Dis
| trict Court by Octave Pavy. for the nullity
of the judgment which decreed Pierre
Joseph Pavy universal lesatee of Caroline
Pavy, born Rentrop, and. also, tor the nal
lily OF the mortuary proceedings in the sue
cOgnized agent Of the petitioner. The other
branch OF the suit is for the recognition OF
Octave and Alfred Pavy, his brother as the
! legal heirs Of Caroline Pavy. 1t appears
the deceased left two wills, in which her
husband, Pierre Joseph Pavy. was made the
| universal legatee. and. in the event of Ills
| death. the two sons. Alfred and Octave.
The last provision vas made subsequent TO
| the former. Deceased expired on the twenty
| seventh O.. October, 1867.
Judge Dibble, of the Eighth District
| Court, yesterday issued the following order:
Upon the filing Of the assessment roll OF
the first drainage district within the parish
of Orleans, and on the petition OF the Adj
ministrators OF the city of New Orleans,
ami said city, the successors of the drainage
commissioners it is
Ordered. that all persons whom it nav
concern do show cause, if any they have,
within thirty days from the first publication
of this order, why said assessment roll
should not be approved and homologated;
and it is further ordered that said order be
published in the English and French Ian
guages in the New Orleans REPUBLICAN,
newspaper twice each week for thirty DAYS"
This order is the result of a rule taken
by the city and Administrators, praying
that all persons whom it may concern do
show cause within thirty days from the
first publication Of the proper advertise
ment, why said assessment should not be
approved. The city and board claim that
they appear as the representatives of the
persons assessed for the payment OF the
expenses of leveeing and drainage of the
districts of this city and portion Of the
parish Of Jefferson which are now consol-
dated; that in conformity with acts of the
Legislature to provide for the collection of
the assessment March lS, 1853, and March
II, 1852, a tableau of assessment roll has
been prepared, and the proper notice given:
that after due proceedings, Judgment be
rendered homolOgating said assessment
roll SO that it may operate as a judgment
against the property assessed and the
owners thereof for the amount Of assess
ment, for the purpose Of paying expenses
of leveeing, drainage, etc, with ten per
cent i'll addition to the amount assessed,
and costs and counsel fees, and six per
cent per annum interest on each amount
from date of assessment.
In the case Of the Mobile and Texas rail
road against the city and Others Judge
Dibble has decided in favor of the com
pany. Inc railway company applied tor an
injunction to restrain the city and Pont-
chartrain railroad from interfering with
their rights. in reference, particularly, to
the batture in front of the city The in
junction is now made perpetual, the recon-
ventional demand of the Pontchartrain
Company dismissed, while the plaintiff
company's claim for damages met with the
same fate. For the invasion of the private
property of the Pontchartrain Company,
corner Of Levee and Elysian Fields street,
is made in their favor to pro-
coed against the plaintiffs by action of
damages.
During the absence of Judge beaumont
from the city, Judge Theard will oficiate
in the Fifth District Court.
United States Circuit Court.
Bonduvant Vs. Watson.-In this case the |
court held although the plaintiff failed to |
inscribe a mortgage within the legal !
delay, because the recorder was absent from |
the State with his records, on account of the |
war, that the existence of hostilities inter |
rupted prescription.
j. NJ. Douglas ct al VS.. w. II. Reynolds
IN this case, heretofore reported the court |
dissolved the temporary in JUNCTION restrain
'ng the defendants from manufacturing a
certain cotton press.