New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-21
THE COURTS.
Judges, Meeting.

The judges of the district courts met YES
terday, and adjourned to allow opportunity
of a consultation with the Law Association.
United States Circuit Court.
Armand Heine VS.. the board of levee
commissioners of the levee district in the
parishes OF Madison and CarrOll-The
condensed opinion of Mr.. Justice Bradley
is reported. The defendants fled a de-
murrer to the Suit of the holders of bonds
issued by the commissioners to compel
them to levy tax as required by law to
pay the interest on the bonds and install
ments due on the sinking fund.
The court ruled the bill to compel the
levy of tax could not be maintained as
there twas no precedent for it" and hence
the bill was dismissed. The following are
the premises:
''The power of taxation belongs to the
legislative branch of the government. The
judicial department has no general power
over the subject" Courts, in a clear case
of failure of officers to perform their duty
of collecting, may compel them, by man
damus, to perform acts which are ministe-
rial which is all the Judiciary can do, I'M
less the Legislature has expressly con-
ferred upon it other powers. No such pow.
.er is conferred 10 the present case.
The power OF compelling parties to judicial
proceedings to pay sums of money awarded
against them, or of raising the money by
the sale of their goods, is entirely distinct
from taxation, and is the special prerOgative
of courts. This power is not exercised until
Judgment, and then directly upon the per-
son of the debtor, or directly on his proper
ty, by seizure. No Judgment has been OBJ
tanned in this case, and the prayer of the
bill is not to issue execution, but to require
the commissioners of the levee district of
Madison and Carroll to levy a tax.
Corporations in political districts may be
TVnH Ind II To- lo1.A.
but If it have no property, creditors have
no remedy except to apply for legislative
aid, which directs special proceedings to
q raise the amount of the judgment by taxa
ton. Hence, the conclusion dismissing the
rJiIl
James M. Bradley VS.. Board of Levee
Commissioners of the Parishes of Madison
and Carroll ct als.-The opinion of Justice
Bradley in this case is condensed.
Originally commenced in the Thirteenth
Judicial District of Louisiana. and brought |
to recover the amount due on a number of |
warrants issued by the commissioners, the |
case was transferred to the circuit court |
February Is, 1867.
The defendants move to dismiss the petit |
ton on the ground: |. That the parties |
were not such as to give the court jurisdic- |
ton. This the court Overruled, as far as |
citizenship goes, deciding that the de- |
fendant was a citizen of Louisiana, and the |
plaintiff of Tennessee. 2. That the court |
had no jurisdiction, the form of the security /
sued on being such as to divest it, under the |
eleventh Section of the judiciary act of /
1889. The court ruled this case came under
the purview of that section The point of
the plaintiff, that the act Of 1867 Overrules
this section in providing for the transfer of
a case on account of local prejudice" was
sustained by the court, which was inclined
to think it correct. The section of the judi
ii
7tional principle, being intended to prevent |
the fraudulent assignment of "choseS in &C
tion:" 3. That the judiciary act applies
to them, as the suit against the police
juries, etc, was original. The court could
not see how these police juries were proper
parties IN the case, nor how one corpora
ton without assumption can be made liable
for the debts of another corporation.
For the above reasons the motion to dis
miss was denied.
W. Strong vs.. steamer Belfast. Con
tinued indefinitely.
Myra Clark Gaines VS.. P. H. Mosseaux
ct al, LIZARD ct ais, p. p. Agnelly ct ais
DEGREES pro co1lteSSO set aside, and leave
given to answer upon the payment of all
costs made between the time when the an
swers should have been filed, under the
equity rules, and the time Of the actual
fling of the answers.
Same against same-The cOmplainanttiled |
exceptions to the answers of certain parties,
which were Overruled by the court.
A. and M. Heine vs.. Board of Levee Com
Observation-Disclosures move for rehearing. |
AIyra Clark Gaines vs.. De Lizardi, Nous |
seaux, Agnelly, CrOnan, Lesseps, LOucque |
and others-Defendants have leave to bring |
their cross bills against the complainant for |
recovery of the improvements made by |
them, respectively, on the property held by |
them seyerally, and to be left in. possession |
of the same until the other of the improve |
ments, for which a recovery may be had |
when they respectively file their answers |
in the said cases.
United States District Court-In Bank
ruptcy.
Time to advise was taken in the late rule |
taken in the bankruptcy matter Of Charles /
II Chase.
In the bankruptcy of G. n Morrison. on |
motion of the Countess de Bethune, the |
assignee is ordered to show cause on the |
tW enty-fifth of May why he shall not nav
the movers $3.50, rent due for premises No |
Magazine street.
United States District COurt-In Admi-
rally.
John Clark. defendant in the suit of D.
Rothang, is ordered to restore the defend |
ant the tools illegally withheld from him.
w. Patterson and others against the |
steamer Belle Ida.-Garnishmen in the |
hands of the registrar set aside.
The rule to sell the steamer Painswick |
was Withdrawn.
A. Bradley RECEIVERS Of the raft of tim
Der" SIS wages.
Second District Court.
An application for letters of administra-
ton on the estate of Walter r. Wheyland,
fled by Mary E. Roberts, surviving wife,
who claimed the administration in her ca
pacity Of surviving wife and creditor, came
up for hearing before Judge Duvigneaud.
Providence Fl, Wheyland, the divorced