New Orleans Republican., 1873-02-09
THE COURTS.
Superior District Court.

In the case of the State of Louisiana, ex
rel. Thomas Lynne VS.. Charles Clinton,
Auditor of Public Accounts, in which the
said Lynne claims some $l4 900, clerks
fees in State suits brought in this court
while he was clerk thereof, the Judge re-
fused the claim on the ground that there
was no specific appropriation of funds by
the State government for that purpose.
Also, that no detailed bill was furnished
according to law, although a bill was fur
nished in accordance with the Auditors re-
quest. Ordered, that the premptory writ
of mandanus herein prayed for be refused
at relator's costs.
State of Louisiana ex rel. Louisiana te-
wee Company VS.. Charles Clinton, Auditor.
"A petition of intervention was filed by
Governor Kellogg and suspensive appeal
granted, returnable in the Supreme Court
on the first Monday of March, 1873.
Same VS. same.-The petition of inter
vention fled by Samuel ID. Cochran, a tax
payer, having interest as such in a sum ex-
ceeding $500, was refused. Judge Hawkins
said: / decline to grant the application Of
the third party, taxpayer, having already
granted the apDeal in behalf of the State;
and, this aside, | can not see what interest
the taxpayer could have which could be
affected by the litigation between the Levee
Company and the State. The only matter
raised by the petition for mandamus was
the right to the money already III the treas
ury to the credit of the levee fund. A taA-
payer who has not paid his taxes has no in
teTest which could be passed upon in this
cas-
State Of Louisiana ex rel. Louisiana Lev, 9
CompaHy VS.. Charles Clinton, State An
ditor.-This is a petition for a mandamus
upon the State Auditor to compel the pay
ment of two orders for $1,000 each, drawn
by the president of said company upon the
Auditor. Respondent ordered to show
cause on Fiiday, February II.
Same vs.. 4. Dubuclet, State Treasurer
This is q petition for an injunction restrain
ing respondent from depositing taxes col
leCted for the leVee construction fund and
levee relief fund TO any other credit. Fixed
for hearing Friday, February Il.
Z. Heistand VS.. city Of New Orleans
Judge Hawkins recused himself in this
case, and called Judge Charles Leaumont
TO try the case. Continued until Thursday
next.
Second District CeuFr.
Tie successions of Henry Degro and Ma
RE BOuny, his wife, also the succession f
Joseph Eoegtle, deceased, wife of Herman
kurtb, were opened in this court on Friday.
Fourth District Court.
New Orleans, Florida and Havana Steam.
ship Company vs. Ocean Dry Dock Com
pan - HS lDllOHIH uCCislUH was lCh-
dered by Judge Lynck yesterday The Dc
tendant, under its charter, had no capacity
to engage in such an enterprise as that con-
templated III the charter of the steamship
company, plaintiff herein. Besides, Mr..
Spencer Field had no authority from Il e
Ocean Dry Dock Company to subscribe for
the fifty shares of stock or to bind said
company, even if the corporation OF which
he was president could have been an incor-
Of or ypSI,J,
Wherefore let the petition and demand OF
plaintiff be dismissed with costs.
j. Riviere VS.. II. Il. Foley ct al.-The rule
90 annul the sale OF the property of de-
fendant was dismissed.
The case of Charles {. Edey VS.. John Me
kee. which was transferred to this court
from the Seventh District Court. came up
for trial yesterday morning. The defend
ants object to the trial on the ground that
the case could not be transferred, the act of
the Legislature abolishing the Seventh Dis
trict Court being unconstitutional.
fifth District Ceurt.
IN this tribunal special Jury OF mer-
chants was sworn Friday. They are TO try
the case Of Perkins, SwensOn & Co W..
Price, Hine 4 Tupper, Morton. Bliss N Go.
interven0rs. After the case was opened
and the pleadings sead the jurors were dis
charged until Thursday. the thirteenth in
slant.
Sixth District Ceurs.
In the case of Mrs. Wilhelmna siagsom-
men. wife OF Joseph Kaiser, and of the latter
sheriff, Peter Kaiser and Joseph kreigef.
wherein plaintiffs claimed Sl2,039 03 dam
ages on the ground that they had been for
cibly elected. with their children, from their
house. and thei- mOvables, furniture and
apparel rudely thrown down Nn the side