New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-17
THE COURTS.
United States Circuit COurt-HOn. w. b.
Woods.

this case the Jury rendered the following
verdict:
We, the jury. accord to the plaintiff
verdict for the >,,Is of two thousand dol
lars, less eight hundred already paid
yanst Maunsel White Jr., and in favor OF
the other heirs OF Maunsel White, Sr.
In accordance with which it was ordered
that George lioislnan recover from the de
feudant, Mauasel White, Jr., the sum OF
Sl200 with five per cent interest thereon
from this day till paid, and costs OF suit:
and that, regards the other defendants,
Mrs. Clara Kol.n, Mrs. Anne Kennedy and
Mrs. Eliza Hullitt, there be Judgment i'll
their favor and against :hc plaintiff, with
costs.
In the eases OF the steamboat Saratoga vs.
4:sS bales of cotton: Robert Maxwell vs.. the
steamboat Thomas Powell. and Wingard VS..
the Iatan motions have been submitted for
new trials.
Casper LusSe vs.. Mrs MardIs ct al:-This
is suit on IA verbal contract made IN lSbo
which the plaintiff alleges was entered into
by defendants. for the erection OF IA monu-
ment over the remains OF their ancestors il.
the Catholic cemetery i'll PattersOnvIle.
parish of St Mary. The model presented OF
the works is really fine The plaintiff is IA
| native of Switzerland. and had Just arrived
| in this country when he undertook the
work.
The defense put in Il general denial. and
! say that they are not responsible, either IN
| dividually or in solido: that the work
| done in an unskillful manner, and that ii
| any obligation is due to the defendant, it is
| due by her sister. made party to this suit.
| The case was submitted to the Jury. who
| will bring in IA sealed verdict this morning.
United states District Court-ilOn. f.. III.
Darrell.
| United States vs. Moses (. Gibbs.-A mo-
~, hab,1t rrt tho Il .tnutl ,ut
| who is under arrest by virtue of !. capeas
| issued from the District Court OF the Dis
| trict of Arkansas. to fix the bail iOr his APP
pearancc on the second Monday in April, rs
named in the writ. The otfense with which
! he is charged is resisting process OF the nj
ted states. The bail was fixed at Sl0,OOo.
| Peterson vs.. steamboat WelcOme.-Ihls
| is an exception to the report of the con!lnlS
sioner by George Leanan. on the following
| grounds: That the commissioner has not
! included him among the privileged creditors:
that he was employed on the boat clerk
from the fourth of May TO the thirteenth ot
September. 1870. at $40 per month, and
| that there remained due him the >uln.of
! SlS1: tina. the boat was navigating mp and
down the Mississippi: and he asks that the
| report De 50 amended as to include him.
The report was ordered to be amended.
| Eighth District Court - The Bnftnre
| Case--Nandnnus Against the state
Auditor.
At the opening of the Eighth District
Court and after the disposal OF the rules
before il. Judge John A. Campbell com
menccd his argument in the great hatture
cases in behalf of his clients, the Chatt,,-
nooga Railroad Company.
Mr.. Miles Taylor and Nr. Finney. of the
law firm OF Messrs. Lea Finnev 4 Miller,
addressed the court yesterday III three
eases on behalf OF Charles Morgan and the
| Pontchartrain railroad.
After the conclusion of Judge Campbells 5
argument Mr.. Thomas Allen Clarke. of the
law firm of Messrs. Clarke, Bayne 4 Rem
shaw. will speak i'll behalf OF certain front
| proprietor. when the case VIII doubtless be
| submitted to the court.
4 Citizen sue, Il sugar Refinery IA
Nuisance.
4 sIlit. involving some interesting points,
| has been filed in the Eighth District Court.
by Mcssrs. Semmes & Mott attorneys for
Michael Muller. against III. l.. stone and
| MesSrs Willoz 4 Rostand.
The plaintiff, it appears. Is the owner OF a
building at the corner OF Gravier. Front
| and Fulton streets. known as No. II Front
street where he resides with his family. and
conducts. on the ground floor, Il retreshmcnt
saloon and cotteehouSe.
He alleges that in the summer or autumn
/ of 1870. II. l.. stone, who resides ont of the
State. and who is the owner of the adjon-
iny lots and buildings, known as Nos. %
ami - Front street and u and II Fulton
| street. improperly leased the same to
Messrs Willoz & Rostand for Il sugar re
| tinery. operated by large steam power that
this steam eng inc i'll itS daily operation
shakes the house OF plaintiff to lts very
! foundation. and fills it throughout with
horrid vapors aud noises, rendering it unn-
habitable as residence and unfit for the
business pursued by plaintiff; that these
. ShakiugS. noises and vaporS have So an
noycd his family that some OF them have
! become sick, and he has been compelled 10
look for another residence tor his family.
and that they have prevented and deferred
his customers and the public from patroniz-
ing his saloon and cotfcchouse.
He further sets up that his premises. in
consequence of tie said shaking and damp
ness from the Use of said boilers and eng inc,
are liable 10 be shaken down. He alleges
that he has already sustained damages i'll
the amount of $4,000, and that the said in
iuricS are daily continuing and increasing.
and prays in conclusion that they be abated
| by order of court. and tor general relief,
| etc.
McssrS Willoz & Rostand. through their
| attorneys. Messrs. Hays & New, for answer
to this petition. set up that they have paid
the city license to carry on their business of
| a sugar refinery from January |, 1871, to
| December 81 1871, and the State license for
| the same period.
That the city, by resolution of July
26, 1870, granted permission to defendants
to erect and open all the said machinery
and that on December %, 1870, the Admin
| iStratOr of Commerce ordered a survey of
their premises. which was made by the City
| Surveyor and reported upon tavOrably to
the Council, which body adopted said re-
port. In conclusion, he prays that the
| plaintiff demand be rejected, and that the
city be called in warranty to defend the ac
| ton.
Mandamu- Upon the state Auditor.
A mandamus upon the State Auditor has
been applied for before the Eighth District
Court, on behalf of Joseph l.. Monitor, Tax
| Collector of the Sixth District Of the city of
New Orleans, by appointment under Gov
| ernOr WarmOth, to compel the issue OF war
| rants for five per cent on the amount OF all
| taxes on property assessed or described by
him. and three and ten per cent on all poll
tax levied by him.
The petition of plaintiff sets forth that he
| demanded the fees and emOlumcnts to
which he is entitled by law from the State
| Auditor, but that said officer has refused to
paw the said claim.
| Judge Dibblc has issued an order callin.
upon the Auditor to show cause on Mon
day next, the twentieth instant, at ten
o'clock. why the mandamus prayed for
shall not be sr;,uted.
! Sixth District C0Mrt-Suit against the
| Louisiana Manufacturing Company.
The petitioner in this case John Clark
| filed suit to recover S6D26 33. on account,