New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-12
THE COURTS.
Supreme Court.


against the State Auditor, Governor War
moth informed Mr.. Benedict, who appeared
Tor the Auditor, that as the Attorney Gen
eral neglected the interests of the State he
determined they should be defended, and
authorized him to appear on behalf of the
Auditor, and thereupon furnished him with
the following commission:
Whereas. certain actions have been in.
stituted against the State Auditor in the
courts Of this State to inforce his compii
ance with act No. SO of 1871; and other
claims may arise Hereunder; and
Whereas, the State of Louisiana is a
party in interest therein, and has valid
defense thereto; and
Whereas, the Attorney General Of the
State of Louisiana is unwilling to act in
euch cases on behalf of the State;
Now, therefore, l, Henry c. Warmoth,
Governor OF Louisiana, under and by virtue
Of the provisions of act No. 81 of 1872, do
hereby appoint the law firm of Hornor e.
Benedict as attorneys for and on behalf of
the State Of Louisiana, with power to ap-
pear in said causes for said State, and take
charge of the same, as well as to join in de-
lenses and appeals made and taken by the
said Auditor of Public Accounts.
This done at New Orleans, State of Lou
isiana, this tenth day of April, A. D. 1872
HENRY C. WARMOTH,
Governor of Louisiana.
CONDENSED DECISIONS.
The plaintiff in the case of E. T. Merrick
against Robert McCausland, rule against
j. d. Lewis, being judicial mortgage of
the defendant, caused the land to be seized
for sale, and took a rule on Lewis, who
claimed to hold conventional mortgage,
to show cause why it should not be erased
on the ground that it was without consider
alton, and if any it had, was in notes Of the
Confederate States.
The court below sustained the exception
of the defendants in rule that the plaintiff
must bring direct action, and the rule was
dismissed, when the plaintiff appealed
The Supreme Court held it to be settled
that in similar case the judgment creditor
property may call upon those claiming
privileges or mortgages to show cause why
they should not be erased.
''Tbe Selling creditor can not be required
to resort to direct action against such per-
sons holding such privileges or mortgages"
An, 1888.
1t seems, then, that in this case the de-
PENDANT should plead, and not except.
Whether his answer when fled will prove
to be one which, under the decision in the
Delery case, will justify the lower Judge in
declining to pass upon the rule until the
validity of his mortgage shall have been
elsewhere decided, is a matter in regard to
which we are not called upon to prophesy
or adjudicate.
Let the Judgment be reversed, the excep-
ton dismissed, and the case remanded for |
1nrther proceedings at the cost Of appellees. |
Judge Howell dissented.
Third District Court.
1t seems that some time last year a |
planter sent by the hands of a steamboat |
clerk package Of money containing |
x3OO, to be delivered to merchant in |
New orleans. Upon its receipt the mer-
chant found that the package contained
put S2oo, whereupon he notified the con-
signor, who brought this suit
Counsel commended that, inasmuch "A the
boat transported the money not for charge.
but simply as an accommodation. she could
not be held responsible as in the case of
freight or any article for which charge
was to be made.
Judge Emerson decided that the boat
was liable, lnasmuch as she consented to
receive the money for transportation, and
gave judgment for plaintiff.
Sixth District Court.
The Commercial Press has brought suit
in this court against the Crescent City Ma
cent interest from judicial demand.
Petitioners aver that they sent their clerk
to collect an account Of Miller, and he set
tied the demand ON him by giving petition
ers q valid check on the defendants bank
for the above sum, he having ample means
to his credit. Petitioners allege that de-
PENDANTS have never legally paid the check.
The bank asserts it paid the check upon the
Endorsement of A. j. Buck, but petitioners
aver that the Endorsement was fraudulent, |
and its payment to Buck wrongful and IL
furious, null and void. Petitioners are
damaged and injured to the amount, for
which the defendant is responsible in law
and equity.
Seventh District Court.
Mrs. Mary Jane Douglass, widow, brings
2 suit against the owners of the tug boat
Colonel Lloyd r. Aspinwan, to recover
$4,000, representing that hey husband.
William Douglass, while discharging the
duties of a river policeman, in police vavI.
at the foot of Robin street, was run down
by the Aspinwall, which was racing with
between the Aspinwall and barge Don.
glass was SO Injured that he died. The ne.
titiOner claims that the accident was the
result of carelessness on the part of the nj
lot, and that her owners are liable to her
for damages through the loss of her hus-
band.
Eighth District Court.
II. B. Stevens seeks mandamus against the
State Auditor for $500 worth of warrants,
this amount for four months rent
Of the Office occupied by the Attorney Gen
zach year passed bill appropriating 500
per month for the rent, but having neg
ected it at the last session, the Attorney I
General is holding his Office temporarily.
John Klein has brought a petition Of in >
ervention in the case of Newman, allegiD q
hat he is holder of judicial warrants issu ed
q the payment of salaries of the Jude ial