New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-28
THE COURTS.
sennnd DistrIct Court.

Second District Court
Tho wilI Of Smith LudIam lizard has been
admitted to probate in this court by us
terms he beaueathed his entire possessions
to his brother, Elazar Z. lzard' OF Oa fLrS
Nav Jersey and appoints ms INehd'
Tbomas N. BOyIan, his sole testamentary
executor. y,...,,a, r,o,,p,
In +bis court the case of car driver
oe-aipst the New Orleans and Carroilton
Railroad Company, suit TOR wages, ca alle
nj for trial This case is similar 70 qul55e3 ~ d
number filed at the same time, ana hao llS
origin as follows: ,,,,o,os ~,
re 5riIfrs this condition: that If they ap-
,Sg TO their own use any fare or fares
p,aif Inv Messengers, they will be adjudged
e. Lave forfeited the full amount Of salary
dine them at the time of such transgresslon'
According to the allegations, the company
discovered that these several drivers hau
~ various times received fares anu r.
tanned them, instead OF deposltlng thehl ~
+he fare box. They were thereupon dls-
charged. and their application tor payment
Of hack wages refused. They then brought
suit. -. l., ia 1,oo,,
nnnIoved by the company to ride on their
cars and pay his fare to the drivers, put
from the evidence it was not quite clear
whether the drivers had themselves kept
+I,e fares or deposited them in the box.
There is also before Judge Monroe, OF the
aame court. q case of some interest for de-
ciaTnn inasnuch as it will test the APP
r3ication of the 5000 exemption clause to
+be right Of a landlord to seize his tenant S
furniture for unpaid rent.
one, Riley, il appears, rented house to
Beals when the latter, after snort occu-
pancy. was unable to pay his rent, for which
Riley sued before justice OF the peace ana
obtained Judgment, and to satisfy the same
proceeded to seize Beais furniture under
writ Of execution.
Beals appealed, claiming exemption IN
der the act above referred to.
The decision in this matter will be looked
forward to with interest.
Eighth District Court.
Leonce BOuny, represented by Attorney
General Belden, has filed in this court suit
under the intrusion act against Frank Pace,
Jr, represented as occupying and holding
the Office of clerk of the Second District
Court, under color of a commission from
the Governor of the State.
Petitioner AYERS that said commission was
illegally and improvidently issued; that no
official PRONUNCIATION of the election has
been made known; that the returns, al
though submitted to the returning board as
required by law, have not been canVassed,
and the result thereof promulgated, put
that the Governor has issued commission
to said Pace in violation of law, relying on
the returns of the commissioners and super
visors to the effect that said Pace had a
majority of 347 legal votes, when, in fact
petitioner received majority OF 94l votes
Petitioner further claims that the com
missiOners and supervisors, while IN the
process Of counting, illegally rejected about
300 votes for him, because his name was
misspeIled; whereas the variation was so
slight that such ballots ought in law to be
counted.
Further, that 426 ballots legally cast for
petitioner were rejected BY the commits
sioners and supervisors because said ballots
were not Endorsed with the number of the
precinct and ward
Further that the commissioners and
supervisors did Illegally count the ballots
in box eight of the third ward, when it was
evident the said box had been fraudulentiy
dealt with by having been opened and
fraudulent ballots in excess Of the legal
ballots therein, whereby said Pace was
wrongfully allowed 1888 votes.
Further, that various other fraudulent
votes were admitted for said Pace, and
other legal and proper votes for said Bouny
were excluded to the amount Ct two hun
bred or more.
The petition is signed by F. c. zachario,
James Labaue, P. Duffy, A. F. Picton, Joe
Mcneil, w. X Foster, w. e. Kennedy, q.
NJ. DeCamp, Charles CaVanac, j. Seveignes,
W. Ell. McQuithy William Ryan, Beverly
Kennedy, George DufOur, William +. Nc
Neil, Martin Kennedy, II. c. Parker H. II T.
Bryan, Jr,, Alph Rubovin, Jr., +. Barbot, ~