New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-24
COURT RECORD.
WEDNESDAY. APRIL %, 49, ).
Supreme GeMFa.

William y. Kemp vs.. Z. z. Eilis.-Th,S
case involving the legality Of the election
returns and tho right to Office of Judge of
the Sixth Judicial District, parish OF Tsngl-
pahss. was argued.
saperies District Court.
Samuel Smith VS.. Nes Orleans, Jackson
and Great Northern NATURALIZATION
sets forth that certain property on st.
Joseph street is owned by petitioner. That
vt. Joseph street was planned with view
TO the convenience and rights OF purchasers
OF lots upon it. That defendants have con-
structed single track OF railway and run
all day and night long trains OF cars, drawn
by engines OF great power with hldeous
neise. and smoke and dust, 10 the damage
of petitioner of $4,000.
Robert Iuie VS.. Mississippi and Mexican
Cult Canal and Drainage COHpaAy.-Ac-
count Tor labor and work, sloO.
First District Court.
State rs. John Jones. larceny. Plea OF
state ". Henry Green. LARCENY. Plea Of
not guilty.
| state vs.. Peter Williams. alias Louis
| Charles, larceny. Plea OF not guilty.
! The Jurors tor whom attachments had
J been issued were brought before the bar OF
! the court Three were fined 81 each. ana
| the rema inder gave satisfactory excuse.
| State VS.. OBrien, murder. Accused az
n tod TO bail in $4,000 security.
second District Csurf.
| Succession. of Francois Guessing and
! Catherine Buret, his wife, Eliza SauDfrsch-
| wartz Samuel Newman and William hnoH
! opened.
l,,gan e. Mackison vs. W. S. Bassett et
! a'.-Tbe plaintiffs, Lagan ~ Macklson, a
| commercial firm of this city. demand OF the
| defendants, William ) BasSett. oiiver
| Canton Jr and Robert L. Diamond. own
! ers of the steamboat Marcelia the sum OF
| $l2S o.. balance due for labor aud mate.
| rails furnished by plaintiffs III repairing the
said steamboat during the months OF Az
rust. September. October. November and
Decem ber JS7l, and the months OF Janu-
ary and February, 1872. plaintiffs ask Tor
Judgment against the ae1encah's ID so i1l,
with legal interest from NOvembe! 8 1854
! and privilege Oh the MaIcella
| consider that the indebtedness OF the
! defendants 20 the plaintiffs in the amount
| claimed 10 fully established by the festl-
monv in this case. 1t ia shown that each OF
the defendants owned 0ne-third OF the Mar
| celia, boar engaged IN carrying 1fel9ht
and passengers for hire. They are, there
! fore in all transactions relative 20 Che use
; of such vessel as to third persons, comme'-
cjsl partners, and as such responsible az
SoIjdo Shirley Sc. steamer Bride d An.
200, Bent VS.. Lauve. . An. SO. z. U. 2l9h.
Bv the mercantile law part owners OF q
! vessel. are liable IN S0iiin f9r sepalrs and
necessary expenses fOr it> use.
! Wherefore it is decreed that there be ludg
| ment in favor of plaintiffs and against The
defendants, William 5. Bassett, Oliver Can
ron. Jr. and Robert +. Diamond, IN sohda
Cor the sum of 1925 OF, with privilege IN
! said steamboat Marcella. together With Ia
.eyest as claimed, and costs OF suit.
Fifth District EOnrs.
.-ase OK rel John II. Collins We. keep
of Parish Prison.-IIabess corpus. argued
and decision reserved.
= Behan, Thorn II Co. vs. Louis a. " elton
Charles Fritz, intervenOr.-The plaintiffs
obtained a Judgment against |. A. Welton
| for the sum of SOS -. with i've per ceni
pnr spnum interest thereon from February
. .. 1872. and recognizing a privilege upoi
| certain property which they caused 90 Ot
. attached under the provision: OF the act O.
! 1868. amendatoTy OF article $40 C"1e o.
Practice.
W.lton was indebted 70 the inter yen"r
| Charles Fritz for the rent OF the premise
situated at No. / Fulton street. and maxim:
; .he corner of Canal end Common streets
: ! which premises ne dad leased from An
qu.ti, 4. ID. 1872. for the term OF one wear
ar the rate OF S2003 per annum. AT th
| fine of the intervention herein. the zen
! note Tor feDrudTN, a. a.. i'' 70 ~ ~ .
! was due. The intervenor asks ioT juag
| mont AGAINST Welton for said amount, witt
! +ight ner cent interest from March !. 1915
I and far the further sum of 1888 30 oalanc'
, of rent TO become due, and asks tor tn
; RECOGNITION of the landlords privilege OF
. the surplus funds in the hands OF the sherli
!, out of the proceeds OF sale made I" satIsl.
! fine iudgment Of Fritz Va Ne!t'n. n NJ
! iUl2 ct the Sixth District CVuI, =: thl
parish. ,;,. .,.,. g.. ,.... :.
! nm nv thp iutervenor, the act Of lease ar
he rental notes having been offered IN rN
dance The interveLur has not demande
a dissolution of the lease, ana, therefore
has the right To enforce II Oh The terms 9
fine contract Revised Civil Code. artici
> l7O5. declares that the lessor haS. Tor u
. nayment of his rent and Other obngatloh
! uf the lease. right of privilege on the m"N
. ! .ile e. fleets of the lessee. which are foNlut
s on the property leased. The lessor q rlgh
> ON nroperty found on his premises Is not
: | more privilege: it is a right OF pledge.
, | p,rkeI Us. Stark weather, \. ), 34V IL In
: ,essor NAV. either by third opposition or II
q i,nc+ion. protect his privilege on propert
Csa;zad in execution by a third person.
; Eobb VS. Wagner. , An. II.
. Such is the law OF the land and {!
: cnnrts must enforce it. the intervention l
+bi. case must be sustained, with recOgn
ron Of lessors's privilege from February
AD. 1873. with eight per cent interest O
The note due March /, 1873, from said dat
and also Judgment for the residue OF 10
lease, saw SS33 30. payable as the rtnti
4. r1+e. tall due. and recognition OF privlleg'