New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-11

THE COURTS.
second District Court.

Second District Court.
The SUGGESTIONS of Henry H. Lonsdale
Mary L. McIlhenney and Louisa Henrietta
Maxent, wife Of L. G. Luminais, have been
opened in this court.
Sixth District Court.
Jacob John Even has fled petition in
this court, praying that the court may order
meeting of his creditors, to be held before
| 4. Dreyfous, notary, for the purpose OF
taking into consideration his application for
a respite of one, two and three years, and of
voting thereon.
Eighth District Court.
In this court yesterday morning. Govern
| or Warmoth filed the following petition,
praying that p. B. S. Pinchback be enjoiHed
! from assuming to exercise the duties of
| Governor of Louisiana:
| The petition of Henry c. Warmoth, of the
! parish of Orleans, respectfully represents
| that he is the Governor of the State of
| Louisiana, and that he is ard has been since
| the year 1863 in the possession of said of
fee, and the discharge OF its functions, and
that he is entitled to discharge its duties
until he shall he legally removed, or until
successor shall be duly qualified
That one P. B. S. Pinchback, of the par
ish of Orleans, has this day, to wit: the
ninth day of December, 1872, attempted
fOrcibiy to take possession of the rooms as
signed to the chief magistrate of the State
at the State House during the absence of
petitioner therefr0m. and to assume the
duties OF Governor.
That said Pinchback holds no Office under
the constitution and laws OF Louisiana, has
no right to take possession Of the said Office,
nor to assume any of the duties OF Cover
nor, but Is a mere WrOng-dOer and tresp as
ser in his acts aforesaid.
That to preserve the rights ofpetitionera an
injunction is necessary.
Wherefore, petitioner prays that the said
Pinchback may be duly cited to appear and
answer this petition; that an Injunction
may issue perpetually restraining him from
committing any of the acts heretofore set
forth; that he may be summarily restrained
during the tendency of this suit etc.
Let an injunction issue as prayed for and
according to law on petitioner giving bond
in the sum of $500.
WILLIAM A. GILMORE,
Judge Eighth District Court, Parish of Or
le MS.
The annexed is a copy Of the writ served
on the defendant:
You are hereby eDiOined and restrained
from interfering or attempting to interfere
in any way with Henry G.. WarmUth in the
discharge OF his duties as Governor; from
taking possession or attempting to take
possession of the office assigned to the
chief magistrate of the State of Louisiana
at the State House; from keeping posses
sion or attempting to keep possession of
said office or rooms, and from in anyWise
exercising or attempting to exercise the
functions and duties of Governor of Louisi-
ana.
In the same court, in the case of Russ VS..
the city of New Orleans, the following opin-
ion was rendered:
In August, 1871, there was published IN
the New Orleans REPUBLICAN, in accord
ance with law, the list of taxpayers who
were delinquent for the payment of their
taxes due thirty-tirst July, 1871. Among
the list thus published was the name Of
Samuel P. Russ, from which publication it
appeared that he was indebted to the city
in the sum Of $500. On April f. 1872, the
city filed in court the official paper showing
the foregoing facts. This amounted in law
to a service Of citation upon all the delin-
quent taxpayers whose names were in the
list.
Russ did not answer, and Judgment was
rendered against him, and subsequently, a
writ of ieri facias was issued and the
sheriff served a notice upon him that he
had seized, and, in three days after the
seizure, he would advertise for sale accord
ing to law u certain lot of ground situated
in square bounded by Julia, st. Charles and
St. Joseph streets"
Upon this notice being served on the
plaintiff he brings the present suit, asking
for the annulment of the Judgment OBJ.
tanned by the defendant against him, and
praying Tor an injunction against the city,
restraining 1t from proceeding any further
under the writ Of teri faCias sued out
against him, and from further seeking to
intorce the judgment rendered against him.
The principal grounds relied on by the
plaintiff are that there was no legal assess |
ment against him, and that the property on
which he was assessed did not belong to
him, and that the assessment OF said
property in his name was an act illegal and
null. and that petitioner was not legally
cited.
The filing of the official paper Of the city
was in Gontem platiOn Of a law notice to
Russ to appear and contest the c.ty's claim. |
Therefore. plaintiff was cited and had the
opportunity Of making the same objections |
to the city s claim that he is now making |
but he did not do 50.
do net think it competent for this court |
to undertake to say whether the court in |
deciding the case of the city against plain |
tiff had before it testimony sufficient to
warrant the judgment complained OF | do |
not think that this court eau review in this |
action the judgment pronounced previ- |
Ously.
Ii the plaintiff had made the same de- |
Tense in the case of the city against him |
that he is now urging in favor OF his iniunc- |
ton, the court without doubt would have |
ilsten6u 10 LIN Win IdFOF; out LnlS he ulQ |
not do, but supinely slept on his right, IN |
consequence OF " hiCh he is without remedy |
in this suit.
The seizure is a mere nullity. l. proposes |
to seize d lot IN a certain square without |
any other description; it's size is not given, |
nor its number, nor the street upon which |
it fronts.
judgment for the city.
In the case of David Bidwe3i Us. the |
Great Eastern Circus, Judge E.mose rem
dered the subioined opinion:
This is a suit brought by the plaintiff
against the Mayor and CouDc;, Ct the CITY
of New Ogleans and all other officials Of the
city torbidding them from leasing, CON
tracing for or on any terms permitting tie |
public squares, parks or buildings to be
used or occupied by any circus. theatre or
show company, or for any other private
use, or from ObstruCting or IDcl0siug the
same. There is also d prayer that the East
ern Circus Company, and all other similar
be enjoined from occupying,
erecting tents, or any Instructions, or inter !
tering in any manner with the public use Of
any parks or other property of the city.
1t is well settled that public places can
not be appropriated to private nse: any at
tempt to do SO would violate the ylainest
principles of justice. Public places of the
city appropriated to the use Of circus,
theatre or any other show, to enable Il cir
Gus to give the entertainments advertised
by them, distractions have 20 be erected
which interteres seriously with the use ii
the squares upon which they are erected.
Public places are the colpmUn property.
described in the article 4I9, Civil Code, TO
5he use of which all the inhabtant5 Of
'ity or other places. or even stranI gers, are