New Orleans Republican., 1871-11-07
OFFICIAL JOURNAL srArE OF LOUISIANA.
THE C0URTs.

THE COUNTS.
Opening day saw . full attendance Q
members of the bar, who had graduall
gathered from the four quarters Of the cor
tinent in view Of the event. Practice still
culiar marked the history of the first day O
the term. The machine began to move at tn
precise point where it left of. Cases wer,
called up, argued and submitted in tn,
same old way. The sad bereavement suf
fered by Judge Leaumont forced his absenc,
from the bench. The remaining judges
were present.
The interdiction of Christopher Burgess.
was pronounced in the Second District
an inmate of the Parish Prison, temporarily
ntted up as an asylum. During the trial Of
the case sufficient evidence was introduced
rs to render the insanity of the defendant
no longer matter of doubt. A relative by
marriage prayed for the interdiction
The iuterdict is owner of landed property
in Kansas.
| The remaining business done in the court
consisted in the hearing of motions and
rules.
Suit having been instituted in the Fourth
District Court against Myra Clark Gaines.
by James F0ulhouze, for legal services in
/,
and affording evidence that she was the
lawful child of Daniel Clark and Zulime
Carriere, and establishing the legality of
the marriage, Mrs. Gaines, the defandapt,
confessed judgment, and hence Judgment
was rendered for the full amount Of the
claim, $4,000. The plaintiff is Immediately
entitled to execution.
In the case Of Henry Whitaker against
Joseph H. Wilson, Judge Theard dismissed
the plaintiffs claim, with costs, the claim
being for q division Of profits coming from
. partnership IN the dry goods business.
The decision was that the plaintiff was en-
gagged q . manager, and was not entitled
to any division.
A large element in the business done YES
terday consisted in the filing of answers to
suits brought during the vacation. In the
Fourth District Court 3 number of excep-
tons were fled against the further prosecu-
tion OF State tax suits. Many Of these ex-
ceptiOns were that the State brought sew.
eral suits in the same court for the taxes of
the same year, which course of practice
was extortionate and illegal, and only de-
signed to extOrt excessive fees. Other ex-
ceptions were that the allegations of the
State were vague and uncertain, and that
the property was not accurately described
The answer Of the Firemen's Charitable
Association to the claim of DR.. Mercier de-
MES the employment Of the plaintiff.
An exception filed against State tax
suit AYERS that the defendant (E. w. Camp
belly is not the owner Of the ground sued
for taxes.
The Eclipse Towboat Company denies
that it was properly cited, and AYERS its
proper dOmicile is in Algiers. The mass of
answers consist of general denials.
In the suit OF D. c. Johnston against HO.
gan. the defendant excepts to the petition
IN ho All 70 tho sl,v
process, and AYERS agreement is not binding,
as it was drawn while defendant was in
prison, under threats of violence.
In the Sixth District Court, the verdict of
the jury in the cases of Simon Rapp and
Thomas Parker, policemen suing for SER
vices due, was in favor OF the plaintiffs for
$225 each.
In the Seventh District Court, besides
answers to former petitions, which in the
main were but general denials, calls in
warranty, and in some cases exceptions,
A motion for q acOmmissiOn and the answer of
q firm in the carriage business, in which
they deny owing anything to the plaintiff
On the opening Of court Judge Collens
judgment in the following cases:
NJ. Pittman against Louis G. Bright.
This was suit for work done on the house
No. III Race street, according to written |
contract. The opinion interpreted the con-
tract between the parties, and gave judg- |
ment against the defendant for $500, the |
sum sued for being considerable more.
Richard G. Rawlings against H. j.
this, suit a suit under an |
agreement whereby the defendant promised |
to sell three-fourths OF the steamboat |!
Franks with the profits of the present trip,
she being then on Red river. the Judge was
Of opinion that there should be Judgment
for plaintiff for $500, the sum prayed f.r.
j. B. Letory against Edmond j. Forstall |
ship in which all the parties bought the
Mississippi Press and agreed to run it,
Judge COllens rendered judgment following
} lengthy opinion in which the defendants
we're each condemned to pay $5s76 80, or
e3S, ,933 30 in all, the full amount of the
'um prayed for.
In the well known suit of Samuel Smith
L Co. against James Graham. Auditor.
Judgment was rendered in favor Of plain
IFS for the following reasons, which are
condensed from the opinion: James Gra-
lam, Auditor. issued in his official capacity
| warrant, certifying that $l2, l2O was due
o j. A. Isaac by the State in payment of
ertain coupons of interest. and also direct
ng the Treasurer to pay. Of this warrant
samuel Smith & Co., tie plaintiffs, became
he owner. Soon discovering the coupons
we're IOrSerlcs. IDe AuultOr aOVertlSeS the
act, and notifies the Treasurer not to cash
he warrant. A suit brought up to the Su-
'reme Court by the plaintiffs, it was there
lecided the warrant was not negotiable
'aper, and that the plaintiffs had no better
light than Isaac himself. In the present
Engagement, suit Is commenced against the
Auditor in his pirate capacity, ON the
round that in issuing the warrant the
1uditor was guilty of negligence, and hence
h0uld be held responsible. The defense
J, first, that the defendant is not respon-
ible for official acts done in good faith
nd, second, that the plaintiffs, buying the
Tarrant under suspicious circumstances,
re bound to stand the consequences of their
wn imprudence, and are therefore deprived
any recourse against the defendant
pom the first of these points. Judge Col
ms concludes
1.-THE Auditor was bound to prepare him.
IF for the performance of his ministerial
uty. He should have made himself we'll
cquainted with the form, figure, device,
ignette, signature, number and other char I
cteristics Of genuine coupon. 1t being 6
is business to pay only the genuine
,up0ns, he was bound to make himself
etter acquainted with those characteristics t
ian q mere casual observer. He should a
ave kept register in which the coupons :
ere referred to by date Of issue, number, !,
ate of maturity and date Of payment 80 as