New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-02
III COURTS.
United states Circuit Court.

n. Martin Us. S. 4. Sc0ckdale.-JLry trial,
and verdict for plaintiff for $685. %.
United States District Court.
William P. Ellison ard Ernest Prech
were named as appraisers on the part OF
the c~Ontending parties OF the ship John
Parker, and Yesterday appeared II court
and qualified. II. 6. Heartt has teen ap-
pointed IL behalf Of the court.
Superior District Court.
City Of New Orleans V. estate c: u. r..
BurJhe.-New thai granted.
City OF New Orleans vs.. severa. tax de-
i~inquents.-It is ordered that z al tie city
tax suits where exceptions have beer filed,
| and wherein Messrs. J. q A. Fellows and
L. Madison Day appear as counsel, tnaL
SAID exceptions be dismissed and II : 1uf-
Tie. ordered tLa! me defendants il said
suits be allowed uuci! Friday. April Ii.
1913. inclusive, - lie thelr sWe
Fourth District Court.
Nra. G. -. Luce W. y CrowIev.-JIdge
| Lynch. IN passing or Tits case, decides an
interesting poInt touci1ES .ICen.H-l: poL"s'
as follows:
Tn defeDdar. = sueG 20. damages tor
Selling. in his capacity as constable o. The
frs, Justice o. the peace, certain household
paraphernai properly belonging 20 .Ee
plaintiff.
The seizure was made Z execution OF q
Judgment from sad court against TIE
! mother OF plaintiff. WHO hves WIN htr
dauoLter. Cullen. the selling creditor,
| pointed odt .he property IL question 70
| Crowley, deputy constable. Cullen gave
| the regular nUnG OF indemnity 70 Crowley:
| and the latter. on May %. 1872, made @E as
| s,oEment OF said bond &c the defendant Il
| the suit 10 any party interested Il SAID
! bond. and returned the same !Ito court.
No objection was made 10 the lEsuilciency
.-.--- ,r ,,-S hapn uT-hIn Tu-Gn-V
DAYS after the same was fled IL court. ms
failure 20 object within The twenty Gays,
creates the .ega! presumption that MIS-.
Lace accepted the security and The bond as
good. She Is estoPped from holding crowley
responsible thereafter. Revised Stat.cos OF
1870, section 3JSv.
The directors OF die New Orleans Ma
t.cnaI Bank have lied II this court a salt
against John :. Wells, Thomas Henderson
and j. y. McHatfg. alleging that the said
Well. was appointed paying teller o SAID
hank on tie twentieth OF February, and
SAID Henderson and McHaty became his
s~.reties on bono. Petitioners ailege that
from time .lI1e sad Wells has failed TO
account 10 the bank for the sum % go
c7 -, and that under The teTna o. hl5
surety bonds said Henderson and NcH@fy
are liable II so!ido with WeLs. J-o&Ment
j. prayed iOr accordingly.
fItth DIstrIct COotr'
Ernest Baver * Go. w. the Swed = bars
Union. master and OWners.-ln u.s. case
ulainrif alleged tha. lie shipped q cargo or
The bark Union. on representation that the
vessel was -. When he Insured the cargo
he aScertained that the vessel was '"tec
Al2 or :. He therefore bToUgt! 81. :rT
excess Of insurance money, So.
DESCENDANTS excepted 70 the petition or
the ground tia. the owners were re- o.je".
and that the owners names are 10. .iiF
SET foItL il petition.
Ia overriding ne exception. tLe c""Gs
said: .
The master has been cited a. such. ard
tie owners being aUseLtoes. | Inn" IS
sutficieD.. THERE'S nc statute IN TINS STATE,
that | am aware or, limiting the Tesp0ns:-
Uili,ies of owners OF vessels 70, acts OF
masters. and as his contract WAL b-nG mem
in all matters coming within 'he p.fI!eW
OF his customary authority, It mus follow
| thar service Of citation GU HIM Is s.f-cIeEt.
J. ). Johnson vs.. Branch Tanner Ct ais
The plaintiff in this case. residing IL me
rarish o. hapides, filed 4 suit against De
PENDANTS, claiming Slc.lt3 Tor advances ana
plantation supplies furnished the Magnolia
plantation. owned IN part and cultivated
Dv the debtors. Petitioner clalIneo q pr!V.-
lege on the crOD o. 49,. He alleges that
ID srite q an agreement 20 ship So" crop
- IL Johnson. $nr -. a+Ter
defendants, refused SO 10 do, but shipped j!
20 Hitler Il Go. ~ New Orleans Petitioner
i obtained a writ OF seguestratlOn on s@II
shipmen. and thon fled the present sc.:.
Hitler i &C.. file. a :hl-i crpos nor;
claiming thai they we-c the owners .! SAD
.Ti,n,eI1+ h. vlrfu. .. ? purchase .:eieoi
nI,da ana Ina. .hey were in possession
,Eerent ~ III. -fme q: ne seizure. Taev
rraved that II might be Lecreed - belong
IL han On q ,~Ie taken by Hitler i CO.
70 snow caIse whv .h.v should no. 0e rer-
united 10 take possession. the cour: SAYS: !
~,,erIuitte. Tie evidence 70 60 down II proc:
g, their n.etensious tor the purpose OF Ell
aiding item 10 prove then their opposition.
This ruling was based on The authority o.!
iIarpen OF the Commercial Railroad Bank.
when the .our: said. In q third opposition
70 2 seizure o. property. based upon The a.
le.ed ownership q s:ch property. the issue
T., be ,yie.. BET ween tie -bird opponent and
tie party provoking me seizure - :Le idc.
o. ownership"
Also, upon -" fac mat :: he FiopeF'F
De sold under d tioTi tacias, pending a thiC
opposition, which : atterwaTd majl.alEcd.
lie .ale is null.
Ii was evileD. :" any mind that II : were
the gist o! the case % ascertain 'ie fe"t
ownership Ut the property, eFiUtt>" Ga
ownership was necessary aQlnlSs'oIt. -,
The third opponent urges tEa1 Ihe 80.
producers and debtors OF johnson a. :
side without the jot-s'11cIIoh VI 1. 10
| think that III seeking 20 Apply ms I.ted
authorities in this case he mas cffic' noU
having observed the necessary Ni7lh't1oA
between an action - p'iS0hdm ana oI1 90
rem. whore a privilege IS set ap.
am satisfied that commercial H"cess:'Y.
as wei "a. " proper Interpretation q "E'Ile
| -. section seven. 2Ahe autiIOIl"s ~ ~