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

ernor Warmoth to fill the vacancy create
by the resignation of Associate Justic
| Howe
According to the rules of this court, tn
! Judgment rendered IN the case of BOyee vs.
Heron will become final on Monday, thu
sixteenth instant.
Second District Court.
In this court Colonel James Lewis, the
| newly elected Administrator of Improve
ments, has taken his oath of office and fur
| nished bond as required by law.
| The following successlons have been open.
ed in this court:
Edmund +. LHoste. jeremiah O'Con-
nor, William James Mclean, Wilhelmine
Meyer, wife Of Frank Fortune, Ernest Sau-
berschWart1 and wife and Philip WelzeI
Seventh District Court.
The owner of mule has entered a suit
for the recovery OF the value Of the animal,
which, he alleges, was stolen by dealer IN
horses, and thereafter, upon being charged
with the act, and indeed after the mule was
found IN his possession, he not only refused
to give up tie property, but actually put
head ION the owner when he attempted
to take what belonged to him.
Eighth District Court.
The UdoIpho Wolfe Company, domiciled
IN New York, have filed petition in this
court, representing that they are the success
sors IN business Of Udolpho Wolfe, of New
York, now deceased; that they are the own
er8 Of bis trademarks, the good will of his
trade and everything incidental to and CON
nect6d with all OF his late commercial busi
ress. and oG all his interest in the manufac-
ture of Wolfe's aromatic schiedam
schnapps.
Petitioners aiIeg8 that Udolphe Wolfe,
-,
in their service Theodore G. Wolfe, a resi-
dent Of the city of New York, but now
visiting this city, said Wolfe being nephew
of the late Udolpho, was confidential clerk,
that he was informed as to all the details Of
petitioners large business, and was for a
long period the travelling agent of the
house. That abusing the confidence thus
repCsed IN him, the said Wolfe has left their
service and conspired and combined with
one Fl K. ThUrber, of New York, to make
cheap and inferior article Of gin, and to imi-
tate and counterfeit some parts of the trade
marks and signs and symbols used by petit
TONERS, falsely alleging that their liquor is
manufactured in Schcidam. Holland.
Petitioners also aliege that the principal
agent Of defendants in this city for the sale
of said initiated gin is I. T. White.
Wherefore they pray that Sheldon G.
Wolff Il. K Thurber and I. I. W hite be
enioiued and restrained from preparing and
selling, or Offering to sell said imitation of
Dlaintiff6' gin. and that they be condemned
to pay il sOlidO to petitioners the sum of
so 900, being the amount Of damage sus-
tanned by plaintiffs.
Judge Elmore has ordered a writ of in
junction to issue on petitioners fling bond
in the sum Of $780, conditioned as the law
directs
On the motion gor new trials in the cases
~. 4 !
on the information of the returning board
vs.. Hatch. DaPoute and Wharton. and of
Herrcn vs.. Wharton, Judge Elmore has
rendered decisions granting the new trials
asked for.
In the Hrst ease, ehe court held that the
act OF !STsd having %epea4cd the act of 1870,
which created the returning board, there
was no returning board in existence, nor
could be until appointed by the proper au-
th0rities and hence the suit was brought in
che interest of parties having no legal ex
isteIceo
Ia the seeond case the court referred to
III. decision of the Supreme Court IN the
B0vee-HeTrOn case, and held that as Heron
never has. been Secretary of State he could
have no standing in the suit at bar, for the
purpose OF contesting tOg the office which he
claimed.
I-IGn tHe rendering of the foregoing de
ing hat he desired to make motion, based
on the principles of the decisions, to dis
soI:e the injunction in both cases and dis
miss both suits, on the ground that under
the act .: 1872, repealing the act Of 1870,
there was no returning board, and c0nse-
uBanti7 the parties to the suits were legally
dead beyond tho hope Of resuscitatiOn
that hence, there being no parties 10 the
suit, it could not stand that in the suit of
Heron versus Wharton the Supreme Court
had declared, not only that Heron never
was Secretary of State, but that Mr.. Bovee
was entitled to that office, and therefore
Mr Heron, as claimant for the position,
had no standing in court.
Judge Elmor8 ordered the motion TO be
put in writing, stating that he would con
slider If.
Judge Efmore has dismissed tha suits
and dissolved the injunctions, as asked for
Il Ir. Motifs motion.