New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-11


Supreme Court.
The following decisions were rendered
yesterday:
BY ASSOCIATE JUSTICE MORGAN.
+. j. Hart & Go. VS.. John Nixon Il Co.
Appeal from the Fourth District Court. a
question OF the confirmation OF a default.
Judgment reversed.
j. i. Fmgay VS.. A. Desmares, Block q
Finbug, intcrvenors.--Appeal from the
Fourth District Court. involving the title to
lot Of cotton. Judgment affirmed.
Delgardo ct al. vs.. A. e. Wilbur e. al.
Appeal from the Seventh District Court,
parish of Orleans. Judgment reversed
gY ASSOCIATE JUSTICE HOWELL.
John |. Adams VS.. Asa Webster.-Appteal
from the District Court, parish OF La
fOurche. Judgment reversed, both snit8'
A. Marchaud Va. ID. W. Cocler.-Appeai
from the district court. parish of Tangipa'
hoa Judgment affirmed
Blanchn & Giraud vs. Amos Slmms'
sheriff ct al-Appeal from the dlstrlct
cour1. parish of Terre bonnie. Judgment at
tirmed.
uY ASSOCIATE JUSTICE TALIAFERR0.
MA. Wells and husband vs.. {. w. T.;
Walker.--Appeal from the Ninth Jndlclai +
District Court. 4 question OF FaildH! u
a security on bond. Appea! dismissed;
from :.e parish Of Caddo. This case in
yolved the aues ton of the right Of parties
5o ieoitimate thei. children, who were born
out of wedlOcko .,
The father. white man. lived III c0ncu.
binage with the mother, cOlored woman.
Il was commended that their Legitimate
was void, because at the time that their
children we're conceived and born the laws
of the State declared that the issue DtsUch
interc curse could not Dc fegitiInated.
The court concludes, after u consldera'
lion of all the laws bearing on the SUBJECT.
that the children were properly legltl'
mated, and afiirma the judgment OF the
parish COURT
BY ASSOCIATE JUSTICE WHY.
Louis Lapgman va. Elizabeth Freze!.-
Appeal from the Fifteenth Judicial District
Court, parish of Lafourche. involving the
ownership of q crop raised by one party on
fhc ground of another. Judgment amend
cd so far as to give the !OrMeg ownership
of the crop raised,
Miss Leonie lIefretre vs. Alexander Bar
shet-AppsaI from the Seventh District
Court. Judgment atiirmed.
Brooks 81 Teuv"nt "a. Blanchin *
Giraud ..-Appea! from che Fifteenth DIS.
trict Court, parish OF yeTEsbOnae. appeal
dismissed.
State of Louisiana ex rei. y. y. Gorham
rs T. 4. Montgomery.--Ap from the
Thirteenth District Court. parish Uf Carroll.
Suit under the intrusion act. plaintiff seek.
ing TO declare defendant an ;ntrude: IN the
office of district attorney pTo teMo JId.'
men: affirmed.
Supesios district Court.
The State Of Louisiana, through the ~.
tofney General A. +. Field, herein repre-
sented by II. 6. Dibble and Z. &. Billings.
at counsel brings suit IN this cOurt. praying
N1,ab
y. y. Penn. John YoueDnes. Thomas lisa.
belle. Eugene May, X. &. Bond and w. g..
Mcdonnell, be enj0ined and prohibited from
acting or attempting to perform the duties
Of police commissioners, or from appointln!
am officers or members OF the metropolitan
Police. and that Robert brewster. Admins
irator of Police, be cnioinej troH. acting
with them as SUCH
Petitioner represents that by the recent
action Of John McEnery. who preicnds 10 be
Governor Of the State, in appointing said
parties as member. Of ;he Board %. Metro.
politan Police. they fear that q contlic: 81.
power will result thsrefrOm, which would
greatly niure and damage the best interests
of the State, and they believe that injunc.
fions are necessary ia the premise. 20 pre-
gent such injury.
Judge Hawkins granted an order on Sat
urday for an injunction. cni Joining .aId par.
ties from doing any %! thc acts herein CON-
planned of, and the wrI!s were issued forth.
with. This fact was mentioned cditog!a!ly
in the REPUBLICANS u: sunday.
State of Louisiana * rel. +. 4. Monroe
vs. T.. Mcunier.--'Ihis case. involving. the
right to the office of judge II the ThT4 Dis.
!r!ct Court. took NJ most o! the time @! this
court yesterday.
Fourth District Court.
IN the ease of l.. X. Ross IS. Franklin
Houdlette 81 al. Judge Lynch rendered the
following decisions:
The plaintiff. l.. K. Ross. IN the latter
part OF the month of March, 1870. was en-.
slowed by the defendants. Mrs. Marshall.
IL. Hagar, Franklin HOudctte and George
w. Edge. to act rs master III the ship
Gettysburg, to th.m belonging, and then on
her way to New Orleans. the plaintiff and
defendants at the time being residents of
:hs State of Maine. Ross left for New Or.
leans on the twenty eighth Of the next
month, and arrived hitheT IN the eighth
dav of Nav. After his arrival he was en-.
gagged, as he alleges. in looking after some
800 bales of the GettySburg's cargo Of cot.
ton, which lay iDsthe presses. and getting
the same slowed ayn board the ship. The
vesse! having ICJeIyed her freight, Ross
took command. and .u the fourteenth of
May sailed tor Liverpool. After the arrival
of the ship at Liverpool and the discharge
of her Cargo. sh. was taken to Cardiff. IN
Wales. and havin: been there frsighted
with railroad iron. departed Tor New Or.
leans whittier she arrived on the ninth OF
September. She lay at this port about six
weeks. HOudlctte. the managing partner.
not being willing to accept the low treights
that offered here at the time. Captain
Ross. abpu. the twent. first Of October
obtained 1870 bales OF cotton. and Is few
days after be completed tine engagement
OF his whole cargo. IL. had 100
bales OF She cotton alongside and
on board. and the ship was nearly
ready 10 depart Tor Liverpool when a tele-
gram from Houdlette announced 10 Ross
that his services as master of the Ge:tys-
burg would bc no longer wanted.
Plaintiff has brought this suit for The sum
of $I6SO -. for services as master Ui said
ship during the period above set forth. and
alleges that by verbal agreement between
him and the defendants, he was to be IL.
lowed so a month and five per cent primag'
less five per cens off the prlmage. The bill
annexed To the petition, and made part
thereof. contains some items 81 travel.
Ing expenses incurred by plaintiff III his
journey from his home in Maine 70 tbs
city to take command of the Gettysburg.
The defendants admit their employment of
plaintiff AT the time alleged. but thev say
that when plaintiff took charge Of sand III i
she was fully loaded with "A cargo al .i3u5
bales of cotton and !3oc slaves. and thar
plainttl had no part IN securing said cargo.
~ in loading sai4 ship with 'hc same: iha'
the compensation -! plaintiff. Unuer an
agreement was L. be SO per month with
i've per cent commission on ;hr vet
freight, after the payment Of all char.
for pTocuriH. cargo. and collecting. iAc
freight. and that said a.reemou: aud en-.
1loymrnt a. master was Tor no fixed period.
Defendants. further say that 'he only
compensation earned hy plaintiff IN
der said .g.c.Incur J. the .Yfnmi.'