New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-23
THE COURTS.
Emitted States Circuit Court.

United States Circuit Court
hostetter & Smith vs. William Mische ct
als.-The injunction in this case was per-
Detuated prohibiting defendant from max
ing or vending the labels or trade mark of
plaintiffs, or stomach bitters made in imita-
ton of that manufactured by complainants,
and Judgment was rendered against defend
ants IN the sum of $1,000, with costs. And
twenty five cases of bitters, seized by the
United States marshal on writ of seques-
tratiOn. were required to be delivered to
c0mplainants, to be disposed OF by them
according to their discretion.
The following ordey was spread upon Che
minutes
Considering that the summonng OF jurors
subjects the government 90 a heavy eX-
pense ordered that in all cases which are
continued by consent st counsel each
party shall pay One-half OF the costs OF
summoning the jury unless sufficient rea-
sons for a continuance shall have been as
signed.
Superior District Court.
Louisiana State Lottery Company We.
Thomas Observation-Disclosures N this
case was rendered for plaintiff and against
defendant in the sum of $1,000, and the in
junction was made perpetual. Defendant
IN this suit is the proprietor OF the bogus
lottery concern on ST. Charles street.
Second District Court.
The SUGGESTIONS of Magdalene Thurm,
Timothy j White and Mrs. Sophie Henri
eta Gene We've Paquet, deceased, wife of
Joseph Dubois, have been opened IN this
court.
In the matter of Charles A. Gersuch,
Judge Tissot rendered Judgment in favor OF
Mrs Gersuch during the Introduction OF her
husband. The latter was visited by Judge
Tissot and several physicians OF this city,
who certified that the unfortunate Gersuch
is non compOs n1entls
Judge TissOt, although satisfied that Ger
such could not attend to himself, his family
and affairs, caused the petition OF plaintiff
and citation to be served upon Gersuch per-
sonalIy He had DR.. Rance to accompany
the sheriff to know what effect this de
mand would produce upon defendant. The
papers were served personally. They were
read to him. DR.. Rance conversed with
him and reported that he should be inter
dicted. a,
In the case of the succession Of J. ~
Peterson. the Grand Lodge Of the State of
Louisiana opposes the account herein filed
by tho executor of the estate, claiming 20
be q creditor to the amount OF 500.
Petitioners aver that the executor has
failed to place them on his account as cred
itors. 1t is contended by the executor chat
the estate il not bound because Peterson
received no consideration 5oc the Obllga'
tion.
The obligation il proved 90 nave been
signed by Peterson. 1t was subscription
for building ID hall for the use of the order
Ordered that the opposition of the Grand
Lodge bs maintained, and that the account
of the executor be so amended as 20 place
said corporation thereon for 500.
Fourth District EOurts
IN the case of Caspar Auch w. Joseph
Miller, an action for SANDER. Judge Lynch
rendered the following decision yesterday
morning:
The plaintiff, on the :hirtieth day of De.
cember, 1871. instituted this action against
the defendant, Joseph Miller, claiming SOW
damages for slanderOus words spoken by
the latter of and against the plaintiff on
several occasions within twelve months
next preceding the demand. Plaintiff al
ieges that Miller has Illegally and malicious
", and without cause or prov0catlOn, Sian.
dered petitioner by publicly calling him
thief. rascal, sCOundrel. and other Oppr0-
brous and infamous eplthets. Defendant.
| in his answer. "admits having used against
the plaintiff the epithets mentioned in said
| petition. but he AYERS that he was justified
! in so doing. and he pleaded in justification
! the truth OF the words and epitAets by him
used
Plaintiff on the swenSy.firsH Of March.
| 1872. filed a supplemental and amended pc
| ttion, in which he represented that he IN
! StltEION 81 SulJ stsdiASb cOSCpAh NhIli-A a'A
! damages for SANDER. that his object III
! bringing said suit was TO vindicate his good
! name and character from che false and MA
| Ecions aspersons and defamation OF the
! defendant. and not to profit any damages
| that might be recovered: that the defend
| ant has by his answer reiterate'! and agg!a-
! waited said malicious and false accusations
| and SANDERS: that in consequence thereof
| the damages and injury suffered by him Is.
, instead of $780, at least $1,000; that he now
| expressly sues, so far al the recovery OF
| the damages is concerned. for che sole use
! and benefit OF the ST. Joseph Orphan Asy.
! lum, u charitable institution established by
! law and duly Incorporated III this city. 10
! this supplemental petition the defendant
! ans wered by Selteratlng the words OF his
prior answer.
Notwithstanding the judicial admissions
! of the defendant as TO his utterance OF the
| slanderous words charged against him Sy
| the plaintiff, several witnesses We're puS en-
! the stand who were present at and detailed
! che sIanderous and detamatory language
| of the defendant. and the circumstances
| under which it was used.
! H. appears chat some two yesrs ago Mr.
! Auch held mortgage note for s500G drawn
J by Miller. and in order 60 collect the amount
! he placed the note in the hands OF law
! rrn in this city. The note was paid by
! Miller This was Che immediate cause of
! the ill-fesling which prompted the defend
! ane Z. asrerse and defame The plaintiff
! Miller il the plaintiffs brOtheI-in-law they
| are both wealthy men, of excellent charac
| ter and standing. The testimony @stab-
| fishes for the plaintiff, Mr.. Auch, reputa-
| ton OF which any citizen might well feel
proud. Miller did not attempt TO justify
| his sanderous language. or 20 prove Che
d.. truth OF it on the trial.
! had hoped that this family difficulty
, would be settled anicably by the parties
| and that would be spared the disagreeable
! duty OF interposing judicial action is the
! matter: but it has gone 80 trial, and the
! controversy Must now be settled by court
! OF justice.
| Mr.. Caspsr SncG Is sn OLD CITIZEN Of New
| Orleans. and at present president Of the
, Lafayette Fire Insurance Company. He II
a man OF wealth, of well known integrity,
! unblemished reputation, and is universally
respected by all classes of our citizens. A
character like to that of Mr.. Auch's is i'm
! pervious 10 impressions or injuries from the
! tongue Of SANDER, no matter what may be
The moral oY social xespectabiijty 0$ she
| slandeTcr.
| The slander0us words and epithets hurled
| at him had no worse effect than TO attach
| the hearers of them more strongly to Mr..
| Auch. lie suffered no special injury pecu-
niarily from the language of the defendant,
! and Vet, though there is no evidence given
! of particular damages, the court is not
| I I