New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-16

court. The jurisdiction of this court is con
coded according to Schlenter VS.. Taliafero
| ~ A. sos. Judgment for the plaintiff Vas
given in the district court. The suit should
have been dismissed in the parish court
Judgment reversed; appellees to pay both
| costs.
No. 1875. Arnold Ellis ct ais vs.. Solomon
Silverstein, appellant.-From Fifth District
| Court OF Orleans. Suit to evict defendant,
who holds under lease amounting to $375
| at It's expiration. and alleges damages, il
evicted, of $4,000. 1t is the amount OF the
lease that gives jurisdiction, and the appeal
is dismissed.
No. 3o24 Charles Gayarre VS.. Felix Heer
ct al, appellants.-From Seventh District
Court of Orleans. Suit for $3.50, alleging a
fraudulent sale of defendants property
| without consideration. The sale was fer
Sl2,59O 80; $4,000 cash, and Heer to remain
three months in vendees employ at 500
| per month. The money was paid and con-
| dltlons complied with. The act seems not
d simulation; the sale was complete and
| the SEIZURE made after it. Ii it was fraudu-
lent there must be fraud in the vendor and
vendee and an injury to third party. The
property was valued by experts at $20,2l4.
Heer owed his yendee Hearing $4,000, who
knew Heer was insolvent. We thiak the
estimate OF experts exag yerated. Judgment
as to Hearing reversed and attachment set
aside.
No. 1923. G. J. O'Hara Vs. n. Schwab ct
al appellants.-From Second Judicial Dis
trlct. Plaintiff was indorser of note for
S.2i of ). l.. Hill, on which judgment WAS
obtained by Potthotf & Knight. Hills
property was seized hut not sold. Plaintiff
was sued and pleaded that seizure and that
Hill had been granted a delay on pay
ment OF Sl0O and notes for the balance.
Judgment was rendered against him aud
satisfied. This suit is against the sheriff to
make him account for proceeds OF Hlli's
property. This plaintiff is not subrogated
TO the rights of Potthotf & Knight, and the
sheriff Is not responsible to him. His con-
duct in the case 81 Hill can not give rise to
any action against hun III the case against
O'Hara. Judgment annulled and reversed
III favor or defendants.
Superior District Court.
State OF Louisiana VS.. New Orleans, Mo-
bile and Texas Railroad Company-Or-
dered that there be judgment in favor of
plaintiff, the State of Louisiana, and against
The defendant, the New Orleans, Mobile and
Texas Railroad Company, and accordingly
that the said defendant be condemned to
return to plaintiff, the State of Louisiana,
the $50 bonds issued to it by plaintiff under
the provisions Ut section seven OF act No. 81
of the regular session of the year 1870, OF
the General Assembly of Louisiana: the
said bonds being of $1,000 each. dated July
|, 1870, bearing eight per cent interest, with
seml-annual interest coupons attached, pay
able forty years after date, and in detsult
thereof that the said plaintiff, the State of
Louisiana, do lave add recover of said New
Orleans. Mobile and Texas Railroad Com
pany. defendant, the sum of $780, 900,
and the further sum OF $40 600, amount of
interest coupons paid by the State prior to
the forfeiture OF the contract mentioned in
plaintiff petition, with first lien and privi-
lege upon all that portion OF the road from
the Mississippi river, opposite New Orleans,
to the Bayou Latnurche DIT or near Don aid
sonville. as described in plaintiffs petition,
with all the rolling stock thereon and APP
pnrtenances thereunto belonging, over and
above all other creditors and claimants.
Ii is further ordered that defendant pay
all costs of suit
The following petition was filed:
James Lawtnn vs. New Orleans. Mobile
and Texas Railroad Company
alleges debt OF $500 of damages for hav-
ing his horse and wagon run into by train
OF cars belonging to defendants. The wagon
was damaged tor SO; mule worth $3.50
killed; removing carcass, 81 50; drayage,
So; pocketbook lost. sd; amounting to
s33I %; personal Injuries and alarm, Sl42 50.
First District Courz.
AKRAIGNED.
Breaking and entering etc.-Michael
Hanahan.
Observation-Disclosures Hurley. Plea of not
gpiltv. Jacob Hartman, Emily Trindy.
Pea Of guilty.
NOLLE IROsEQUI ESTEBED.
State VS.. L. a. Sacket.-Forgery, etc.
ON TRIAL.
State va. William j. Mccall, Dan Carr
alias Buffer and Conners. Arson.
second District Court.
Succession of Leonard BevtIunger and
L imund 7. II e,ten, opened.
Fourth District Court.
j. y. Hopkins VS.. Cactl waith ct ais, new
trial refused.