New Orleans Republican., 1872-05-07
THE COURTS.
limited States District COurt-In Bank
runfcy

OI COcuEdubg IulCNl LuG COull5 W otS lAOU J1Obd a.
BILE under the bankrupt laws.
United States District COurt-In Admi-
rally.
James Berry VS.. David Rich.-Time to
advise was taken in this case.
A. Bradley VS.. a raft of timber.-Excep-
ton Overruled, with costs.
j. G. Smith, agent, VS.. schooner Linda
Discontinued on proof Of amicable settle
ment
T. Rothang vs.. J. NJ. Clark.--Submitted
on the pleadings.
United States Circuit Court.
The United States has entered suit against
Charles Smith and others on their bond as
disbursing agents; against Joseph Mendes
and others on arewarehOusing custOmhOuse
bond: against B. +. Carstendyk on a similar
bond; against Isaac Wood on a warehouse
bond. These cases involve ordinary modes
of procedure.
The several suits of Myra Clark Gaines
against p. n. MOusseauX ct ais, and five
other FORMS came up, and the cOmplainants
have asked for further time to file their
answers in each case, and the application is
set down to be heard, all parties being no.
tifed at as early day as possible. These
were the cases in which pro cOHteSSO, or
default, was taken some time ago.
The following gentlemen, in addition to
those already selected, were named as grand
jurors g. Z. Pitcher in place of s. 7. Har-
die; Charles Palfrey in place of w. Z. LY-
man; j. J. Keith in place of NJ +. BOnis
+. Rickert in place of j. j. Rivas.
United States VS.. st. Louis Street FOun-
dry. As this case came from the Supreme
Court, to which it was appealed, the charge
OF the Circuit Court is reversed, and the
same is remanded to the Circuit Court, with
directions to award a new trial
Z. w. Goddard VS.. j. d. Weaver. De-
fendant is to show cause on the - why a
ITTnIT Ir1Tvr r1ati chn v1nfTu
United States vs. 7400 cigars. Judgment
in favor of William Logan, inteUvenOr.
William r. Hodges vs. A. Menuet Judg-
ment by default against defendant. II
HOstetter g. Smith vs.. William Mische ct
ais. The reports of Commissioners Shan
non and Cohen received and judgment en-
tered up against the defendants in accord |
ance Herewith.
Same plaintiff against James w. Hopkins |
ct al. The masters report hOmOlOgated |
and Judgment entered up accordingly.
Supreme Court.
This tribunal met yesterday Monday /
and the following decisions were rendered |
JUDGMENTS AFFIRMED.
Jesse B. Sims VS.. Robert Z. McCausland, |
Widow de st. ROmes VS.. CarOndelet Canal |
and Navigation Company, Celest j. Ulrich |
VS.. Rosette E. Grow, William GraysOn |
VS.. F. r. Justus, State of Louisiana VS..
James Daily, Daniel Crowley VS. the city of
New Orleans
Succession of Nelson Durand on opposi-
fion of tableau of debts. L. V. GrOmilliOn
VS.. Eliza Bowman, Administrative, and
Timothy j. White VS.. the city of New
Orleans.
JUDGMENTS REVERSED.
NJ. Larc vs. Charles I. Nash ct ais, w.
H. Clay ct ais. VS.. E. O'Brien. Judgment
In favor of defendant, with costs.
Isidore Levy VS.. A. Friedlander. Judg
ment in favor Of defendant.
JUDGMENTS ANNULLED.
Mary E. FeIters and husband VS.. Julia
A. Brown and husband ct ais In this
case there is Judgment dismisslng the plain
tiffs demand with costs Of both courts.
Succession of Charles Massieu-OppOsi-
ton of Mrs. Z. LIE Blanc. Judgment over
ruling the exception and remanding the
cause to be proceeded with according law.
MOTION REFUSED.
NJ A. Dockham and husband VS.. lothian
Potter.
F. NJ. Fisk, Charles w. Goddard, assignee,
vs.. Edward Wright ct ais.
JUDGMENT SET ASIDE.
CITY of New Orleans VS.. Edward J. Rig
ney. In this case it was decreed that there
be Judgment in favor of the plaintiff against
tween the City of Jefferson and the de-
fendant, and perpetuating the injunction.
APPEALS DISMISSED.
Fellows & Mills VS.. the city of New Or
leans.
State of Louisiana VS.. Collins Scott
State of Louisiana VS.. Lewis Richardson. |
State of Louisiana VS.. Alfred Holmes.
State of,LOuisiana VS.. Billy Boyd and
William Brothers.
Of .O11iEiano We TOcnDbina Raw |
REHEARING GRANTED.
State of Louisiana ex rel. Livingston &
Guthrie VS.. James Graham.
REHEARINGs REFUSED.
George w. Campbell VS.. F. D. Clark and
A. n. OsgOOd.
Jules Levy ct ais. vs.. police jury OF
Mary J. Waters, executrix, vs. Andrew
Cruikshank.
L. F. Generes VS.. Mrs. E. ]. FIuker.
Second District Court.
A petition has been filed in this court, {
praying for the Introduction of Samuel A. | I
Shumway.
Mrs. Leblanc VS.. Succession of Charles +
Mashen.-This is a rule taken by Mrs. Le- |
Blanc (alleging to be a creditor of the sue l
cession in the sum of Sl0,000) on the ex- 1
ecutOrs of the succession, to show cause \
why they should not pay eight per cent !
damages and be removed from Office for
not having deposited in bank, according to
law, moneys collected by them belonging to T
the estate.
The executors, among other exceptions
10 the rule, which it is not necessary to note, !
say: ,,- e,,a =, +ol,1oo,, or
5ie+rihutio1 of the funds of this succession, |
yUbpreon Mrs. Leblanc was not put down as
a creditor of the succession; an opposition
was filed therein in her name, winch
was dismissed That from said Judgment
of dismissal an appeal was taken, which
Is Dendinr and undecided in the Supreme
Conrt That the said executors in said SUIT
and in this new one, have denied that she is
a creditor of this succession, or had any IN
terest in the same, and now reiterate the
same denial saying her claim is previously
ia ,ognized by them or the court by formal
Judgment on her opposition to said account.
The court, in dismissing the rule, said:
She can not be permitted to institute pro
ceedings for the sole purpose Of harassing
and embarrassing the administration Of the
succession.
I concur in the view taken by the execu-
TORS Of the succession in regard to the rights
of the mover to take such a rule against
them. 90
acted in Rav's Revised Statutes, gives to
anv creditor or other person interested the
IiGht. TO compel an executor to file his bank
hook in court, and in default thereof to be
dismissed from office; or by another section
of tbe act if it is proved by ascredltor or
Marty in interest that the executor has
faiIed TO deposit in bank money by hIm re-
10 It q