New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-18
THE COURTS.
United States District COurt-In Admi


THE COURTS.
United States District COurt-In Adni
rally.
In the case of Lawrence Utter VS.. shil
Caledonia, the libel was dismissed, the re
lease bond Cancelled and the claimants re
cover 500 IS for freight
Charles Smith vs.. steamer BeIfast.-Dis
continued.
Kenneth & Bell, intervening hbelIants il
the case of L. r. Skipper vs.. Era No. 9, re
cover of Martin II. Kouns, late owner O
the steamer, Sl577 81.
United States District COmrt-In Bank
ruptcy.
The petition of W. c. Browning & Co.
complaining creditors of g. g. T. f. Scar
ing & Co., and Soaring, Scott & CO. being.
on the admission of Theodore Scott found
true as he withdrew his former answer, i
was therefore ordered that the two firms in
dividually and collectively become bank
rupt within the meaning OF the act, before
the petition was filed; and that these bank
rupts shall file their schedule and inventory
of their estate within the customary time,
the proceedings being changed from COM
pulsory to a voluntary bankruptcy.
The bankrupt firm We're, on motion of j.
g. Pearce, of counsel, allowed to examine
the books of the defendants, now under
seizure, provided the examination is con-
Quoted in presence Of the marshal.
United states Circuit Court.
In the case of A. and NJ. Heine vs. Board
Of Levee Commissioners, the court took
time to advise.
Judgment by default was entered up
against the defendant in the case of Ella
SpOoner, wife, etc, VS.. Anne E. BOulgny
and husband.
The court in the case of Eliza w. Latham
Vs. T. Hickey, ordered that a writ of error
with supersedeas is allowed in all cases
where Judgment is secured by mortgage
upon lands or other property, provided the
same be of sufficient value. The rule to in
crease the bond was therefore dismissed.
In the case of Rose Block vs. William j.
Calhoun, the plaintiff having assigned the
Judgment in the case to Matthias Levy, it
was ordered, on filing the acknowledgment
of the latter, that the Judgment be trans
ferred to Levy, who is therefore subrogated
10 all the rights Of the plaintiff.
Fourth District Court.
Thomas NJ. Simmons and Sam Boyd VS..
C. N. Pasteur.-(Three suits cOnsolidated)
These suits are brought to recover from de-
PENDANT the amount of several promissory
notes, forming together a total of $3.50
with interest, etc.
The defendant refuses to pay on the
ground that the consideration of the notes
sued on was unlawful and founded upon
contract TeprObated by law; that when the
notes were given combination in restraint
of trade was formed by certain parties en-
gagged in the cotton press storage and com
pressing business that plaintiffs belonged
TO said unlawful association, and acted as
its agents or managers; that the amount of
the notes was defendants share of bonus
or consideration for Withdrawing Opposi-
non to the combination; which contract was
illegal, in restraint OF trade, and contrary
TO public order; and that, cOnsequently, the
payment Of said notes can not be enforced
IN court of justice
With careful sOlicitude, and after con-
selentious examination OF the character Of
the cotton press association, / say that their
combination is not immoral. 1t is as lawful !
as the tariff adopted by the underwriters in |
this city. Its purpose is not in restraint, |
but IN regulation of trade. As long as they !
control the only presses in this CITY. thew |
have a right to fix uniform rates. in order |
not to fight each other. But this does not |
prevent others from establishing new |
presses.
For these reasons be Judgment for plain
tiffs.
Judge Theard was Of opinion, in reaching
the conclusion in this case, that the final |
cause is the only one which the code has in
view when it declares that it is essential to
the validity Of the convention that there |
should be a lawful cause in the obligation:
and that there is nothing immoral OF con-
trary to public order in a combination of |
the cotton presses to establish uniform rates |
Of storage and compression of cotton.
In another case, one Of the stars Of the |
profession brought up a question in this |
court for final divorce to the husband |
where the suit was originally brought by
the wife, and separation from bed and
board granted.
The question was propounded, whether
the husband was not entitled to receive ali |
mOny from the wife. After futile attempt
TO find the quoted authority, the case was
given up in despair, and the wife went out
OF court with banners flying and her divorce |
in pocket.
Seventh District Court.
T. St. Clair Ferris vs. the Warner Pro |
prietary Medicine COmpany.-This COM |
pany is dOmiciliated at Chicago. Illinois. |
Petitioner was its agent in New Orleans. |
and $500 43 expenses were incurred for the |
benefit and advantage Of said company. |
Plaintiff caused a writ of attachment TO !
issue and has levied the same in the hands |
of Schneider & Zuberbier, of this city, and |
made them garnishees herein.
Plaintiff now prays that writ of attach |
ment be maintained and that the Warner |
Proprietary Medicine Company be con- |
demned to pay the above amount.
Fifth District Court.
The docket OF this tribunal has been |
cleared, and any new suits fled viii be i'm |
mediately tried.
The gallant and genial Colonel Louis |
Power, clerk of this court, and his courteous |
and obliging deputies, will be certain to |
push matters in such manner as not to /
disappoint the members of the bar.
City Of New Orleans VS.. James B. Wat |
lzins ct als-Defendant in this case was
wharfnger for the First District Of New |
Orleans. The city claims from him and his
securities S5583 81, with interest for moneys
collected and not paid over
City Of New Orleans We. William III. Bur
roughs ct aI.-This is a similar action
agaiRst defendant, who was Wharfnger for