New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-28
THE COURTS.

A suit intervening in the Sabine and
Richmond collision controversy in the Ad-
miralty Court has been filed by the New
Orleans Wrecking and Salvage Company,
in which $500 is claimed of the Sabine for
the reason that, with all the wrecking
apparatus of the company, they started up
to Twelve Mile Point, raised the Sabine
from the depths of the Mississippi where
she was sunk saved her cargo and turnl-
ture, and did other useful service:
Emory Norton, assignee in bankruptcy of
James j. Person, a bankrupt, has filed
bill of complaint in this court, under the
provisions of the act of Congress, approved
March 2, 1867, against James J. Person,
James W. Person, Harriet w. Person, w.
S. Nelson and John McDOugal, all citizens
of New Orleans, and Tillman Jeames and
John Wells, of Claiborne county, Miss!s-
sippi. The suit is brought to recover lands,
estate, premises and property belonging to
the bankrupt, which have been fraudulently
conveyed to the defendants.
low, has filed in the Eighth District Court
an application for the writ of mandamus to
compel the Auditor to issue his warrant for
the sum of $500, claiming 'that in Febru-
ary, 1872, the Legislature passed an act en-
titled IAN act for the relief of Mrs. Barlow,
widow Of Judge Barlow, of the parish OF
Rapides,' which was sent to the Governor,
Legislature within the time prescribed by
law, it became a law according to the pro-
visions of the constitution" Petitioner
therefore prays to recover from the State
the amount alleged to be due.
Patrick Halpin has filed a suit against the
city to recover $4,000, for damages arising
from the alleged destruction of his property,
situated at the corner of Dryades and
Triton walk, by an armed mob of citizens,
October "a, 1863
In the case of c. C. Eddy, of New York,
against John Mckee ct al, in the. Sixth
District Court, the plaintiff sues for $4,000
damages caused by writ of injunction
wrongfully issued from the Eighth District
Court, in the suit of Mckee VS.. Griffin. On
an appeal to the Supreme Court the ipjunc-
ton was set aside. Plaintiff in this case
claims that in the premises he suffered
$4,000 damages and attorneys fees.
During the progress OF the case several
members of the bar were called to testify to
the value of the legal services rendered oy
counsel for Eddy in the injunction suit be-
fore the Eighth District Court. There was
conflict of opinion between the Witnesses
ID. G.. Labatt and P. H. Morgan estimating
the services to be worth 5000, while Thorn
as j. Semmes and j. P. Horner placed them
at $500 or $4,000. Judge Walker and w
M. Randolph reserved their estimate until
they could examine the records. In mitiga-
ton of the claim for damages it was con-
tended by the defense that, while the title
was in Eddy, the property, In reality, be-
longed to Griffin.
The following is the opinion of Mr.
Thomas j. Semmes in the question OF dam-
ages:
g If the trial of the injunction was the
trial, practically Of the merits of the case, |
should estimate the fee at between $4,000
and $1,000 but if the trial of the injunction
still left the case to be tried on the merits,
and it was mere conservatory process, L
should not think the injunction worth more
than $500 OF $1,000. draw a distinction
between absolutely settling the rights OF a
party and the trial Of important intermedi-
ary proceedings though, very often, the
trial of the injunction would settle the ques-
ton"