New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-24
COURT RECORD.
FRIDAY, MAY %, 1878.
Supreme Court.


BY CHIEF JUSTICE LUDELING.
+. Formento vs.. F. j. Robert.-The end
Of justice require this case should be triet
with suit No. 4il5, and il is SO ordered.
V. Leblanc ct al. VS.. P. Marsoudat ct al
This is suit to annul judgmen: on severa
grounds; chiefly on the ground of INSULT
cient citation. The Judgment of the Fifth
District Court is ordered to be affirmed.
Howard, Preston & Barrett VS.. w. H
Simmons ct al.-Ordered that the judgment
appealed from be affirmed with costs.
The State vs.. Dido Baptiste and Francis
Martini, charged with the murder of All
the jury be set aside and the case remanGed
for "A new trial.
George P. Mclean sc. J. s. Beasley e,
al, John Humphreys intervenor and ap
pellee. Marshall j. Smith & Co., inter.
venors and appellant intervenors.-Or.
dered that :he Judgment of the lower
court be annulled and new trial granted;
appellees paying costs of the appeal.
Hanan & Richards VS.. X. II. Bowles.-
Ordered that judgment be amended by In
creasing the judgment to $l25i. with five
ter cent per annum from December 6. 1850.
and costs Of both courts.
State Of Louisiana VS.. William H. Har.
aln.-FrOm The District Court OF CadGO
parish. Judgment affirmed.
Hartman Danneel ct al. vs. the city of
New Orleans. Page e. Co. ct al, apellants.-
From the Sixth District Court. parish OF
Orleans. This sui, was instituted by some
of the owners Of property fronting Oh st.
Charles avenue, between Toladano and
State streets. to annul a resolution Of the
Common Council of New Orleans, passed
on the eighth Of November. 1870. and the
contract entered into i'll pursuance thereof
with Page & Co. for laying Byrne's in.
proved concrete banquetting on the north
side OF st. Charles avenue. between State
and Toladano streets. for the price of 81
per square yard. 1t is ordered that the
judgmeE: OF the lower court be avoided an d
reversed, and that there be judgment in
favor of the defendant. rejecting the plain.
sitts' demand, with costs OF both courts.
Justice WHY dissenting.
II. {. Williamson VS.. Mrs. Widow Car.
sOm..-From Seventh District Court. parish
of Orleans. Ordered that the Judgment of
the lower court be avoided and reversed,
and that there be Judgment in favor Of the
defendant. with costs il both courts.
By JUSTICE 7ALIaFERRO.
State Of Louisiana. ex rel. Bernard Day.
ries VS.. John Yoist.-From Seventh Judi.
ciai District. parish Of Pointe Coupee.
judgment reversed and the Injunction be
perpetuated. and that the relator. Bernard
Dayries have Judgment in his favor, de.
creeing him 70 be the legal tax collector of
the parish Of Pointe C,upee. and author.
lied to discharge the duties and receive all
the emoluments appertaining thereto, the
defendant. 1ols:. paying all costs Of these
proceedings.
L. Comeaux VS.. Z. E. LeBlanc.-This is
sion act. from the Fifteenth Judicial Dis.
trict of the parish Of Lafourche.
Il is ordered that che Judgment of the
lower court be arnulled and reversed, and
l. Comeaux ne decreed parish Judge Of
said parish, Leblanc paying all costs.
Frederick Collin, Jr.. vs.. j. N. Knob
lock: J. n. Knoblock VS.. Frederick Collin.
onsclidates.-Appeal from the Fifteenth
Judicial District. parish of Lafuurche. This
is controversy under the intrusion act for
the office Of parish judge of the parish of
Lafourche, each OF the contestants claiming
20 have been elected at the general election
il November. 1872 Judgment was rem.
dered il favor OF knoblock; aud Collin has
appealed. Jud gment reversed, and the
office awarded to Collin; costs against Knob.
lock.
Charles Nichols vs.. L. A. Webre.-Plain.
tiff and defendant no'i, claim 10 have been
elected sheriff of La!ourche parish. De.
cison of the lower court reversed, Webre
to nay all the costs.
Henry Franklin vs. Louis S. Ailan.-Both
parties Claim to De clerk OF the parish OF
Lafuurche. Judgment OF the lower court
reversed. Franklin deccced 20 be the clerk.
and a.: costs 70 be paid by the plaintiff.
BY Mr.. JUSTICE HOWELL.
&. Roques, ills. e. V. DeWitte VS.. Joseph
Court. parish Q. s.. James. Judgment at.
+! med. {.
State Us. c. Clinton. Auditor. and A. On
juclet, Treasurer.-No. 1918. Appeal from
TIE Superior Coarc. Judgment affirmed.
State Va. c. Clinton. Auditor. and A. Du.
bucle:, Treasurer.-No. 1919. Judgment
affirmed.
Christian Schoepp vs.. Charles Kummel.-
Appeal from the Sixth District Court, par
ISL Of Orleans. Judgmen. affirmed.
CGatfraix 4 Agar IS. ". z. Harper. she.-
If. ard d. s. J. Elwa,ds.-Appeal from the
Supe:ior Dis.,ic. Court, parish Of Orleans.
} udgmer. reversed. and Judgment ordered
in favor of d. 81 J. Edwards for $500:
costs to he pad ~ plaintiffs.
j. NJ. Cass vs.. New Orleans Times-Ap-
peal from the Seventh District Court,
parish o: Orleans. Motion Ter dismissal of
appeal refused.
BY MR. JUSTICE wYLY.
Succession OF Joseph .Benson.-The Or
der is adjudged improvident and is there
fore rescinded.
Eugene H. Levy rs. Pike, Brother & CO.
Appeal from The Seventh District Court,
parish of Orleans. Judgment reversed,
and $1,000 81, with legal interest from Jan.
na. 10. 1870. awarded to plaintiff: costs
against defendants
Merchants and Traders Bank vs. Union
Bank of LGuisiana.-Appaai from the Sixth
District Court. parish o; Orleans. Judg.
men. affirmed.
Henry G. Pinniman w. Thomas Janney
& Co.-Appeal from the Eighth District
Court. Judgmen. affirmed.
VI. j. Lavergne IS. Mrs. Numa Laooste.
Appeal from the Sixth Distric: Court.
parish OF Orleans. Judgment affirmed.
BY MIR. JUSTICE MORGAN.
Louis Caveler VS.. police jury. parish of
from the Second District
Court. parish OF Jefferson. Judgment at
.irmed
B. VI Howell Va. H. n Parish. the loui.
sana National Bank OF New Orleans. in
from the Fourth D!stric:
Court. parish OF Orleans. Decision re-
yersed.
City Of New Orleans. appellee, vs. Ores.
cen: Mutual Insurance Company. appel.
lant.-Appeal from the Fourth District
Court. parish OF Orleans. Judgment at.
.irmed.
City Of New Orleans VS.. Mechanics and
Traders Insurance Company appeal from
the Superior District Court. Judgment al.
trmed.
Factors and Traders Insurance Company
VS.. City OF rew Orleans.-Appeal from the
ii y:h District Court, parish OF Orleans.