New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-18
COURT RECORD.
THURSDAY, APRIL l., 1879.
Superior District Court.


State Of Louisiana VS.. +. BOOth.-Cn mo.
ton OF defendant, suggesting an ex paIte
issuance Of order of Injunction IN the prem
ises.
Ordered that the plaintiff show cause or
the - day Of April. 1873, why defendant
should rot be allowed to bond said iniunc.
ton.
Upon presentation Of the foregoing mo-
ton, it is ordered that the same be over.
ruled.
Same Us. same.-On motion of defendant
suggesting the ex parte issuance Of q writ
OF Injunction in the premises, and that the
same has been issued under a statute VIC
lative of the constitution of the State and
of the United States, and that said decree
works to defendant an irreparable injury.
rdered, that defendant be allowed
suspensive appeal, returnable to the SUI
preme Court on the - day of -, A. D.
1873, on his giving bond, as required by
law, in the sum OF - dollars.
Upon presentation of the foregoing mo-
ton it was ordered by the court that the
same be overruled.
Fourth District Court.
James D. Thompson VS.. the National
Steam Transportation Company of New
Orleans.-James D. Thompson, in suit No
80, l67 on the docket of this court, claimed
that the National Steam Transportation
Company of New Orleans was indebted to
him, as subrogee of James i. Carman, in
the sum of $500 for services as book keeper
rendered by Carman for the company afOre.
said. The suit was filed on the twentysixth
of April, 1872. On the same day one Emile
+. Gross, representing himself as the presi-
dent of said company, went into court and
confessed judgment against the company
and IN favor OF Thompson for the amount
demanded. A Judgment was entered up in
due form on the confession aforesaid, and
the same was signed on the next day, Apri!
q.
A wri. Of ter: facias was issued by
Thompson and several residents of New
Orleans, supposed by Thompson to be in
debted to the said company. were cited as
garnishePs. Among those garnishees is j.
VI. Wagner. Mr.. Wagner and the persons
,arIsheed Lave instituted the present &C.
ui0n to annul the said judgment. obtained
by Thompson. They allege in their joint
petition that Thompson is seeking to satisfy
the Judgment out Of their property, on the
pretext that they, as stockholders IN the
lat, National Steam Transportation Com
pany now in liquidation, are indebted unto
e.jI"Jmpan, Tor various amounts OF money.
They aver that they were and are stock
holders in said company. and although
treated as third persons in the Garnishment
issued in suit No. %, l67, they are really de-
iandants. and have an interest in saI:
alleged Judgment. and the right 70 contest
tho validity of the same They allege The
absolute nullity OF the sand Judgment on the
following grounds, to wit:
|. The National Steam Transportation
Company was never legally cited; that
SAID Judgment was confessed by Emile =
Gross. alleging himself to be president
| whereas he never was the legal president
and even had he been he was without al
thOri'y to make such confession.
.. That said company was IN liquidation.
, at the date when such confession VA.
made.
g. That plaintiffs claim in raid suit ia f =
titious that the services charged for We.t
never rendered.
/. That said Judgment WIS obtained L.
fraud and collision.
) That aftec the company went in;
liquidation such suit could only De main
tanned against the hquidator.
The plaintiffs pray that tho Judgment
| afOgc7.. DC sunu'!cd AID set ASIDE I'll
costs.
The evidence establishes the ayarmerf,
o. plaintiffs ii their first ground. IS Il, rein
above sct forth. The corporation styled
tue National Steam Trans ortation Com
pany, OF New Orleans. was never legally
cited by the plaintiff, James d. Thompson
in the above numbered cause. Emile T
Gross, who confessed Judgment agsins said