New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-17
United states Circuit Court.

OAALCu CIECuAI COuEAs
The firm of Smith & McKenna, whole
sale grocers, has been sued by the United
States Government on warehouse bonds
amounting in the aggregate to 100000, the
latter being the entire amount. |u
The grand jury retired for consultation
yesterday and returned a true bill.
=. b. Norton VS.. James Graham, Audi
bOr.-The defendant ruled into court on the
eighteenth to show cause why the order
granting a suspensive appeal should not be
Fescinded.
Strong ct ais. VS.. steamer Belfast.-The
libelants to show cause on the eighteenth
why the order declaring the appeal should
not be dismissed.
The indictment against j.. j. Brinker, of
the Louise, was qusshed.
The suits of Myra Clark Gaines against
p. N. MOusseaux ct ais. and other defend
ants, was submitted on the question of al
lowing time for the several defendants to
file answers.
The rule taken by Octave Hopkins in the
suit of Howell against Labatut, and Bank
of Kentucky against the same, was made
absolute and Marshal Packard is ordered
to pay Octave Hopkins Sl290, and other
sums specified to the officers of the court.
Defendant in the case of Caldwell ct ais.
VS.. Bank of New Orleans is to show cause,
on the twenty-fourth instant, why a writ of
execution should not issue in execution of
the judgment.
The case of William DeshOn VS.. George
A. Fosdick ct ais. is continued indefinitely.
The case of William Golding against the
city, suing for breach of contract, was de-
eided by jury in favor Of the city.
Fourth District Court.
j. B. Frescazes ct al. VS.. Mr.. and Mrs.
Tamboury ct al.-This is a suit brought by
plaintiffs as creditors of Mrs. Tamboury,
for the nullity Of a Judgment rendered by
this court in the case No. 2l,985, entitled
l.. F. Generes, under tutor, vs. Mr.. and Mrs.
TambOury.
Judge Theard, in the opinion, holds:
l. That creditors can not be preciuded
from inquiring into the validity of a judy
ment which is used to defeat their rights.
2. That a Judgment is not necessarily null
because late tUtrix, sued in her individ-
ual capacity, has not excepted to the juris-
dictiOn of a civil court
3. That the under tutor has a right to
sue in behalf of the minors whenever the
tutors interests are opposed to those Of the
minors. f
The opinion concluded in a Judgment for
defendants. ~a -E
Fifth District COurt-The Magazine Street
Railroad Company Suing for Damages.
The Magazine Street Railroad Company
of Jefferson City, and Peter Kaiser. George
Merz, Charles Ledig, John Steib and Joseph
alleging that James H. Young, Jessie II. |
Massie and Louis Hubert are indebted, in
sOlidO, to petitioners in the sum Of $4,000, |
for this That IL suit No. IL of the docket |
of the Eighth District Court, entitled James |
Young VS.. Magazine Street Railroad Com
pany, the said Young applied for and OBJ |
tanned an injunction against petitioners,
and that said Young executed and deliv- |
cred his bond, with said Massie and Hubert |
as sureties, in the sum of $4,000, whereby |
they bound themselves in favor of peti- |
TONERS for all such damages as petitioners |
might recover against said obligOrs in the |
bond in case that it should be decided that !
the injunction was wrongfully obtained.
By said injunction the Magazine Street
Railroad Company, and each and all Of pc
titioners, were restrained from using their
double track railroads on Magazine street,
from TOledanO to Joseph street, IN the late
City of jefferson, and controlling the cars,
stock, etc. By reason of said injunction
they lost the revenues of their roads, and
were put to an expensive litigation, IN
YOlving large disbursements.
A decree of the Supreme Court having
recently been rendered, whereby petitioners
regained possession Of the road, this action
is brought to recover damages.
Sixth District Court.
Suit against the Savings Bank-Fred-
erick Wing has entered suit in this court
against the New Orleans Savings Institu-
ton. whereof L. +. Generes is president.
claiming 1919 %. Petitioner alleges that
he put an a ventilator on the roof of Viii
liam Smiths shop, occupied by Morgan's
Steamship Company, on the square bounded
by st. Joseph, Julia, Front and Delta
streets The bill for the same was duly &C.
knowledged and approved by William
Smith, and recorded in the mortgage office
of the parish, as required by law. The
said work was necessary and indispensable
TO the use and enjoyment Of the said prop
erty, and increased its value, and petitioner
has lien and privilege on the same for the
amount Of said work.
Petitioner AYERS that when by reason of
the aforesaid work being done, the defend
ant while holding a mortgage on the
property. and previous to becoming an
owner, received the rents derived from its
use and occupation. Petitioner represents
that the New Orleans Savings Institution
has acquired the property, and now owns
the same, and that the transfer has not di-
vested plaintiffs privilege to his claim,
Star Mutual Insurance Company vs.. City.
This was suit TO receiver back license tax,
eludUueDt for D1aiuf1ff