New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-16
COURT RECORD.
TUESDAY, APRIL IS, 1873.
United States Circuit Court-Befere i.
Inn

IUEeDA1, APRlII Id, 1000
United States Circuit Court-Befare i.
III. DurelI, District Judge.
w. P. Kellogg VS.. IL. C. WarmOth ct al
On motion of solicitors for complainant
ordered that the time for taking testimony
be extended for the period of three months
from filing of replication.
n. Martin VS., S. A. StOckdale.-Ru!e LOT
new trial dismissed, and further ordered
that no execution Issue on the Judgment
against the defendant, but that 1t be satls-
fed out of the proper appropriation from
the treasury of the United States
Christopher G.. Packard ana victor Marye
were appointed United States Commis-
siOners. .
Hostetter & Smith VS.. James w. Hopkins
ct al-The defendants are enlolned from
making. vending, ETC., trade marks resem-
bling in any manner those of cOmplalnants,
ar any stomach bitters similar to those OF
com claimants, or using, vending, etc, any OF
the old bottles formerly used by complain
ant. And damages are further awarded
against the defendants il the sums OF S4oV
aud $500.
United states District Court-ln Admire
atty.
S. c. Shirley ct al. VS.. steamer RicH'
Mutual Insurance 20.
intervenOrs, vs.. steamer Sabine etc.-Lioei
of the Sabine dismissed, and steamer hlcn'
mOnd recover damages suffered IRON col.
Gsion. Further ordered that Merchants
Mutual Insurance Company recover from
the Sabine all damages suffered from the
collision, Referred to Commissioner Shan'
non 10 ascertain amount OF damages
Superior District Court.
State of Louisiana ex rel. L. August et al.
VS.. A. Observation-Disclosures to restrain de-
PENDANT from paying certain warrants.
Rule taken to dissolve injunction dis
Fourth District Court.
Mrs. Elizabeth Evans, wife of John Null
lahy. vs. G.. S. Sauvinet and Jacob VIII
sey.-Iniunction on the ground that proper
ty seized in case Wilsey and Mullahy is the
separate property of the wife. Mrs. Mulla-
nv obtained Judgment January %, 1871,
against her hu shand for separation ut prop
erty in Eighth District Court. The record
has been lost. On the parole evidence the
court said:
The proceedings between the plaintiff
and her husband seems 10 me TO be only
voluntary separation of property, and be-
ing Of that character. they are null, not
only in respect to third persons. but even
between the spouses themselves. Gnder
such circumstance. the creditor, Jacob
Wilsey. was justified in selling the property
in question, though it was apparently the
property Of the plaintiff. Whether Mrs;
Muilahy was or was not a just creditor OF
her husband to the amount OF $500. as she
alleged, her suit when instituted had not
become necessary. Her husband was not
embarrassed. He was in constant employ
ment as a policeman. He was sober. thrifty
and fully able to support his wife and TAM
ily. His Indebtedness TO Wilsey was only
$3.50. He was not shown TO have been emf
barrassed by debts or pressed by creditors.
The law under such circumstances regards
the judgment against him by his wife as
collusive, and Of no effect against his cred!'
tors.
Injunction dissolved. Defendan: to re-
cover costs and attorneys fees.
Sixth District Court.
John Slemm,r We. Thomas Kiernar.-Suit
for damages for assault and battery,
$4,000. Petition alleges plaintiffs infant
son was crippled for life by bullet from a
gun tired Intentionally by defendant.
John Williams Us. same.-Suit tor dam
ages laid at $4,000. for injury 20 plaintiff by
discharging loaded treasIH IL hands OF
defendant.