New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-06
THE COURTS.

A suit for mandamus on the Judge Of the
United states District Court has been en-
tered by John Chafe & Co. in the United
States Circuit Court, to command the grant
ing of an appeal or supersedeas from
Judgment rendered in February last, by
which certain funds, proceeds Of sale of the
Lotawanna, amounting to sum over 10000,
were ordered to be paid to kennett Il Bell.
one of the creditors. The suspensive appeal
being refused to j. Chatfe Il Brother, who
were also creditors of the libeled steamer,
is the immediate cause for the mandamus.
The rule to show cause why the writ should
not be granted is returnable to-day.
The Hpels by the United States govern
ment against 1895 boxes cigars, 30S boxes
cigars, and against the New Orleans and
Great Northern railroad. were continued
for want of time, in the United States Cir
cult Court. The libel against the railroad
is for the intended transportation OF l3OO
empty whisky barrels, on which the reve-
nue. stamps were uneffaced, and which,
according to the information. subjects the
offending party to fine of 500 for each
barrel in its possession, with the object OF
transhipment.
A bill in ehancery has been fled in the
United States Circuit Court by Paul IL.
Lewis against John G. Cocks, involving a
title to property. 1t appears that John u:
Cocks, the defendant, exhibited bill OF
complaint against c. lizard, in which Lewis
was substituted as defendant, when de-
cree was obtained against the present com
plainant, ordering him to surrender the
property in his possession to Cocks, on the
ground of defective citation in the proceed
ings of the United States Provisional Court
under which lizard. or Lewis, his substitute,
claimed the ownership. The decree was
based on the fact that the marshals return
did not state the fact that Mary Hillisted
resided in the house, whereas it now turns
out, by the cOmplanant's averInent, that
this person was the wife of IIllisted, and.
according to the affidavit of the marshal
W no made the service. he knows this to be
the fact. Hence the bill ends by praying
that the complanant's title may be decreed
valid; that Cocks original bill be dismissed,
and for other relief.
Judge Cooley, of the Sixth District Court,
yesterday decided the following cases:
Dover Stamping Company VS.. c. S. Saul
vinet, Civil Sheritf-In this case plaintiff OBJ
tanned Judgment against a commercial
firm of this city. and under an attachment
the Sheriff was ordered to sell certain prop
erty. Subsequently,, the Second District
Court, thinking to annul the order of the
Sixth District Court, ordered the property
of one Of the deceased partners to be
brought into that court and sold for the
benefit of the succession. The Sheriff was
about to execute the order of the Second
District Court when he received an order
from the United States bankrupt court,
ordering the entire property TO be
brought into that court and sold, I'M
der an application Of the surviving
partner to be declared a bankrupt.
The Sheriff, knowing how expeditions was
the conduct of affairs in the bankrupt court.
surrendered the property. Nevertheless, it
is urged that he should be held responsible.
| do not think the Sheriff ought to be ex-
pected to fight both courts; he was only a
stakeholder; he was bound to MAINTAIN
possession against all corners. but not
against a court of justice. 1t was urged,
also, that the Second District Court was
without jurisdiction in the matter, and that
for that reason the Sheriff should have APP
pealed. do not think it was the duty of
the Sheriff to appeal, when the party III in
terest was present, and although judgment
was rendered contradictory to him, he took
no action. Judgment for defendant.
Mrs. Henrietta Morfit vs.. Fuentes ct al.