New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-01
THE COURTS.

~. THE COURTS.
During the trial of rule in the Third
District Court. yesterday, the question
whether the signer Of piece of CONNER
cial paper could testify as to the subject
matter therein contained, came up. Counsel
commended that under the jurisprudence OF
the United States, the sgner of the docu
ment was debarred from testifying concern
ing that to which he had already attested
over his signature. The court took the
ground that the only guide to govern
cases here was the law of this State, which,
in treating of the competency of witnesses,
merely stipulates that they shall be persons
of competent understanding, and that an
attempt to stipulate further is to add to the
law already established.
An appeal has been taken to this court by
q member of the congregation of one of the
city churches, who prays for an Injunction
to restrain another member of the same
congregation from occupying pew No. 40 in
said church. Petitioner claims that he pur-
chased said pew at public sale, but that said
defendant has not only occupied said pew,
to the exclusion of petitioner, but has also
sought to eject him by violence in the pres
.ence of the congregation. In the court be-
low the injunction was made perpetual
James j. O'Hara has filed, in the Sew
city, respectively for 1852 81 and 1922 %,
representing that he is the holder and owner
of two bills, dated March l, 1871, issued and
signed by w. H. Bell City Surveyor, and
against two residents on Locust street, be-
tween Second and Third, charging them for
shelling certain portions of the street in
front OF their properties. That said bills
were issued to petitioner in evidence Of his
completion of q contract adjudicated under
Init nff h<,T nv
mon Council. That said contract was ad-
Indicated after due advertisement and pub
LEGATION of a petition signed by one-fourth
OF the prOprietOrs, as the law required and
after due observance Of all the prerequi-
sites to the adjudication of such contracts
and assessment of front proprietors, for
all of which petitioner has the assurance of
the city of New Orleans. Now, petitioner
AYERS that the city has warranted to him
the existence of the right to assess and
charge the owners of said properties but
that he has met with great opposition in his
endeavOrs to collect similar bills under the
same contract, for reasons and defects
drawn from omissions in the due observ-
ance by the city, Of such official publica-
tions and proper application, as is requi-
site to validate any assessment against the
front proprietOrs. That petitioner, both
amicably and by suit, did strive to collect
said bills, but without avail, for, without
fault Of his, said property holders did show,
on the trial of the cases certain omissions
and defects in the proceedings anterior to
the adjudication to petitioner, all OF which
were entirely attributable to the city.
More especially was it contended that the
failure to publish in the REPUBLICAN, the pc
titiOn of property holders applying for the
Smelling of Locust street. was fatal. That
said proprietOrs, on such grounds, defeated
the demand of petitioner, who was COM
PEELED to pay all costs.
Wherefore he prays that the city be adj
judged to pay the full amount of such
sclaims, together with attorneys fees and
COSTS
Baptlste DantOn, proprietor of coffee
house corner Of Perdido and Basin streets,
sues in this court to recover from A. j.
Davern, constable of the Second Justice
Court, and Pierre Joanes for $780, damages
accruing from alleged illegal seizure of the
premises.
John Crowley has entered suit against
Mr.. Wells to recover $500 damages, claim
Ing that, ON the twenty second of January
last, he was passing on Clara street, at 3 p.
NJ, when he was severely bitten bya dog
belonging to defendant; that the beast in
Hicted wound so severe that he has been
unable to pursue his customary avocation
as captain of steamboat: and that further
more, when called upon to do So said Wells
refused to kill the dog.
Edey VS.. Mckee. 1t will be recollectad
that in suit between these parties before
the Eighth District Court last summer. Nc
kee obtained an junction restraining Edey
from performing certain acts pertaining to
the control OF business partnership at one
time existing between them. Subsequently,
the Injunction was dissolved by the Supreme
Court, and now Edey sues for $500 dam
ages, which he alleges have accrued in the
issuance of the injunction.
Suit is brought in the Seventh District
Court against Mckee, and James E. Zuntz,
surety ON the bond. A suit of similar nat
ure has been in progress before the Sixth
District Court, in which it will be remem-
bered that much conflicting testimony was
given by several members of the bar, touch
ing the $4,000 attorneys fees claimed as
part of the damages. 1t was understood
that the suit in the Sixth had been amicably
disposed OF, but it seems to have broken out
in fresh place.
A rule for new trial has been filed in the
United States District Court in the case Of
Grouchy VS.. Heed, the judgment in which
was published i'll Thursdays edition. The
defendant is to show cause on the second
of March why the trial should not be
granted.
In the case of Cashart, Ellis, Clarke &
Co. VS.. Davis g. Jackson, proceedings to
force the defendants INTO bankruptcy,
delay of two weeks is granted by consent
of counsel. If in that time there is no set
Element with creditors, the defendants
agree not to oppose adjudication.
A rule has been served ON Marshal Pack
ard in the case of A. Z. Prewett, and also
the Northern Bank Of Kentucky against
Jules Labatut, to show cause on Thursday,
March 7, why he should not be ordered to
pay Octave Hopkins, intervenor, $1,000, on
the following grounds: That payment in |
favor of Hopkins for this sum, with prefer |
snce over all other creditors, has been rem
Tered. That the marshal has in his hands
proceeds of sale amounting to much more |
han the sum named.
Case IL Rouse, a law firm, have entered
nit in the United States Circuit Court
gainst the New Orleans National Bank for