New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-22

sion of the lease, and that this defense was
inconsistent with the doctrine maintained in
the cases of Bartels ct al. VS.. their creditors
and D'Auuin Vs. Armant, above quoted.
The question is, therefore, settled: judi
cial sale of lease, or of the right OF occu-
pancy, imposes upon the purchaser the obi
CATION of paying the price to the vendor and
that of paying the rent after the sale to the
lessor according to the terms OF the lease,
and this whether it is SO announced in the
advertisement or not.
In the Seventh District Court the action
has fairly begun over the cases OF tne
heirs of Slidell to recover the property OF
their late father. Here answers have been
filed, setting up that the property having
been purchased Of the government, 1t re-
verted to the United States under the con-
iscatiOn act of July, 1862.
Mr. L. Utter, proprietor of the looking
glass and picture establishment on Canal
street, has brought suit against Andrew y
Davern, constable of the Second Justice
Court, representing that one OF the con.
stables of the court with writ OF ferl
facias obtained in the suit against the
petitioner by James Reynolds; appeared
at his store after banking hours ana
demanded the execution OF Judgment
of $50 46 In demanding payment the
constable was insolent and arrogant, threat
ening that if the money was not paid at
once he would remove from the store such
goods as he deemed sufficient to satisfy the
claim. notwithstanding the remonstrance OF
plaintiff against such conduct That he
politely told the said constable that there
must be an error in the bill Of costs, and
that he desired to see his counsel in relation
to the exorbitant charges: but upon calling
upon him the counsel could net be found,
but that he wOuld be in his Office at s T. nj
the said constable insisted upon payment OF
the claim, declaring that he would not wait,
and thereupon began to select articles OF
value, to the amount of over $500, with a
view to convey the same away in wagons,
which had been brought for that purpose.
Petitioner states that finding the con
stable would not desist, he, to save trou
ble and scandal, gave his check for the
amount claimed, which check the defend
ants attempted to broker and sell on the
street. at q discount, much to the injury OF
plaintiff IS credit. He AYERS that the bill OF
costs charged in the judgment from said
| Justice court are eXtortionate and unreason
able, and far beyond what should have beer
exacted For the damages and injury t
! his credit through the conduct OF defend
ants. he claims 500.
In the rule tor new trial of the suit o
| Rivera against Thomasson, in the Eight
| District Court. where the famous Nv ordIci
| for Faintet' was given. the de1enuan
| averred that while the case was in progress
| two of the jurymen (whose names he die
| not know approached him and wanted t.
! know how much he would give for verde
in his favor. Witness said he replied b!
refusing to give anything, and at the SAM
time requested them to go to "a yer.
warm climate Mr.. Huber, sheriff OF thu
court, testified that the jury had a big din
ner. with wine, and that in the course of tn
| afterncon (about five o'clock, one of tn
boys from the clerks office brought up ;
bottle of whisky, which he said was sent b.
r. King Cutler. The witness stated tina
| he took drink. but found it of a very IN
ferior quality-in fact. he denominatel it a
fearful" He said lie gave it to two of til
Jury, an Irishman and negro, but ever
| they couldn't stand it. Sam Williams, cierl
in the office of the Eighth District Court
said he met r. King Cutler on the evenlni
! in question. while the jury was deliberatin2
and by him treated, with two ether clerks
to bottle of whisky, with the injunction {
..go aud get drunk on it," The rule for tn
tlIal was submitted for decision.