New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-01
COURT RECORD.
SATURDAY, MAY 81, 1873.
United Sfafea nisfrfrt CnurR

United States District Court,
IN re New Orleans, jackson and Grea'
Northern Railroad Company.-Responden
answer. The "notes" annexed to the peti
lion cannot be made the basis of a proceed
ing III bankruptcy, as. they do not consti
tute legal obligation. The charter Of The
company does not permit the issuing o.
such notes, which were emitted for the ex
! press purpose of circulating as money and
turtherance Ut the rebellion. The note,
are not commercial paper. The notes
I were prohibited by law. Respondent fur
ther pleads prescription Of tive and ter
years. There 10 no allegation OF insolvency
in the petition.
| Charles Morgan IS. New Orleans, Mobile
and Texas Railroad Company.-Petitiou
| sets forth that plaintiff is the owner Of the
he purchased the franchise Of the right to
construct a road from Brashear to Texas;
| that defendants purchased from him, in
order to end competition, 5078 shares Point.
/ chartrain Railroad Company, and the fran.
| chises for 81, 047 800; that defendants repre-.
I sented their assets to be 1851 900, viz:
! 81, 100000 Louisiana State bonds at eighty
| cents, u ,5OO,OOO second mortgage bonds at
! sixty cents, and Sass, 600 first mortgage
| bonds, in consideration Of which plaintiff
| agreed to subscribe 81 ,25S, 600; took off his
| line of steamers from Mobile to the terminus
| OF the POntchartrain railroad: transferred
the SAID stock and changed the gauge OF the
| road to Brashear; that defendants have
| failed to build the road; that their assets
| are not as alleged: that they are in debt on
I mortgage bonds 1886. 900; that it is phys
/ ically impossible for them to build the road
Petitioner prays to have his agreement
Cancelled and for damages to the amount OF
| s500, 900.
| Supreme Court.
REHEARING REFUSED.
| No: 2s77. George P. Mclean IS. J. s.
| Beasley ct ais.
No. 1890. Aug. Bonn vs. Captain Cleayer
! and Lindsay, master and owner Of steam
| ship Robert Lowe.
No. 1913. Hermann, Damrell T. Co. vs.
| city of New Orleans.
No. 4647. State ex rel. John N. Bonnie.
VS.. B. L. Lynch.
No. 5000. B. NJ. Horrell VS.. H. N. Parish.
No. 4339. Louis Cavalier VS.. police jury.
I parish OF Jefferson, right bank.
No. 1891. Mechanics and Traders Bank
| vs.. Union Bank.
No. 46O7. City of New Orleans vs.. Me.
| chanics and Traders Insurance Company.
| No. 1852. j. L. ComeauX VS.. E. E. lie.
Blanc.
No. 4633. Charles Nicols vs. L. A. Weber
No. 1904. Fred. Collin VS.. j. w. Knob.
lock.
REHEARlNGs GRANTED.
| No. 1922. State VS.. Dido Baptiste and
| Francis Martini.
| No. 1918. State rs. Charles Clinton. Au-
! ditor, and Antoine Dubuclet, Treasurer.
No. 46l9. Same IS. same.
No. 4029. Howard, Preston & Barrett: vs..
| w. X. Simmons.
No. 254s. William q. Pike W. Merchants
| Mutual Insurance Company.
No. 1923. Chafraix Il Agar rs. w. p.
| Harper, civil sheriff. and D. and J. d. Ed
| wards.
| Kimmel.
No 1913. Mrs. J. Leyersne, ,utrix. v..
| Mrs. Euma Lacoste.
BY JUSTICE 1A11AfERRo.
! No. 1874. Succession OF John X. Elgee-
| From Second District Court OF Orleans.
demanded that the executriX may pay
| costs in lower court.
| No 3633. William X. Simmons &c. How
! ard, Preston & Barrett.-From Fifth Dis
/ trict Court of Orleans. Appeal dismissed.
BY JUSTICE HOWELL.
No. 1864. Daniel g. Vinson IS. Success.
sion OF jackson B. TOmpkins.
Judgment undisturbed.
BY JUSTICE wYLy.
No. 40l9. w. & H. Stackhouse ve. James
E. Zuntz.-From the Fifth District Court
| Of Orleans. The plaintiffs enjoined the ex-
ecutory proceedings sued out by the de-
PENDANT on their two mortgage notes ex-
I ecuted in February, 1865. on che ground
] that the consideration Of said notes was
| the price of slaves. The court dissolved
! the Injunction with damages and the plain.
! tlffs' appeal. That the plaintiffs would give
| their notes and mortgage their plantation
! ir February, 1865, for $4,000 or for the
price of slaves, is highly improbable. II is
! still mere improbable that Zuntz ''per.
/ .uaded" them. az they allege in their peti-
ton, ITO give said notes and mort
cages by assuring them that long be.
! fore maturity Of said notes he would
sell to them" certain slaves. "we1l
knowing that he could not do so,
as slavery had been abolished" and all
they required from Zuntz as return was
his verbal promise to convey said slaves.
In order to escape liability on the ground
| that the confederation Of the notes was IL.
| legal, the plaintiffs must show, not merely
| a .ponderance Of evidence in their favor.
! but proof $50 complete that 1t forces It.
self upon the conviction with the power of
demonstration" Hertz vs. Miller. 10 An.
1899: Denton vs. Erwin. 6 An. By; Weaver
! IS. AnfOux, 20 An. IL.
After maturely considering the evidence
| in this case, which is voluminous and con-
| ficting, we have come 70 the conclusion
! that the plaintiffs have falled 10 estaonsn
their defense with the certainty required
! by the jurisprudence of this State. Find
! ing, therefore, as matter of fact, that the
consideration Of the notes was not tor the
price Of slaves. it becomes necessary to con-
! slider the questions ct law presented SO
ably by the learned counsel. Judgment
! affirmed. Chief Justice Ludelins anG JUS
tice Howell dissenting.
Superior Districe Court
State ex rel. Attorney General and John
J. Hays vs.. City of New Orleans.-Petition
sets forth that act No. so OF 1877 provided
/ that an exclusive hospital Of eligible loca'
ton, etc.. be established fof the use OF pa
tients afflicted with smallpox and other
cor tagious diseases: that the Luzenburg
Hospital is SO established; that INDECENT
cases shall be sent to eaid hospital at the
expense Of the city: that the proper officers
| have failed to do SO: that the city govern.
ment, the board of health and the officers OF
the Charity Hospital have conspired with
| o. Anfoux and are sending such patients to
the hospital kept by said Anfaux. and have
appropriated large sums OF money Tor the
same. Injunction prayed for.
First District Court.
State IS. George Thompson.-Breaking
and entering a dwelling house in the day
| time and larceny. Plea of guilty OF larceny.
State VS.. Roddy Gordon.--Assault and
! battery. Plea of not guilty.
/ State VS.. Peter Aderson and James
vSv,p Hf in