New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-28
THE COURTS.
United stntes Circuit Court.

order made IN this cause, allowing WrItS q
injunction penGentc lite, and ordering the
production of certain written documents, al
legged to be important as evidence, il sup
port of the allegations of the complainant
blli and to establish his right TO final de-
cree in his favCr.
In allowing an application for an iuiunc
ton pCndcnte lite, the court acts upon its
discretion exercised to prevent irreparabe
injury threatened by the acts of the defend
ant, and liable to bo cOnsummattd before
in the regular course of proceedings in
equity, a final hearing and decree can be
reached.
The order is strictly discretionary, both as
to its allowance and duration, subject to be
dissolved and set aside at any time during
the tendency of the cause upon cause shown.
If, upon the coming in of the defendants
answer, it appears that the writ is no Ion
ger necessary or equitable, it is the duty
of the court to dissolve temporary injunc-
ton.
A temporary injunction pendentc lite is, in
fact, the usual illustration of an order in its
character purely discretionary and interlo-
cutOry.
The right to order the production of docu-
ments containing evidence pertinent to the
issue Is placed within the discretionary
power of the court by section fifteen of the
Judiciary act of 1870.
4uI5 uppllCdtlOu CdH UuIy 10 U1duO upon
the hypothesis that the court III allowing
the orders granted in this case, has rendered
a final decree as between the parties to the
record.
Upon q careful examination of the Su-
prGme Court | am unable to find single
case where the Supreme Court has been
called upon to consider a case of an appeal
from an order allowing a temporary iDjunc-
ton.
There has as yet been no order made
which is not subject to the revision of the
court in its discretion.
Nor can it be successfully urged that any
proprietary right OF any of the defendants
has been interiered with, disturbed or de-
termined The court has ordered certain
public documents in the nature of election
returns in the custody of the defendant,
Warmotb, to be deposited in court, 20 be
made available as evidence, without at.
tempting to determine the title of any per.
son Hereunder.
The defendant WarmOth has utterly
failed to comply with the order of the court
in that respect, and is at this time in con-
tempt and disObedience of it's commands.
He can not pretend to possess any prOprie-
tary interest or title personal to himself, in
evidence relating to an election at which it
does not appear that he was candidate
for election to any office, or received any
votes cast at such election.
l have consulted with my brother Judge
Woods, the presiding judge Of this circuit,
but who did not sit upon this case, touch
ing this application for an appeal to the
Supreme Court of the United States. He
agreed with Me that the conclusions thus
far arrived st, to wit: the allowing of the
orders granted in this case were wholly in
terloCutory, and not such final decree as
an appeal would lie from.
Com aitpripv that this case ia that the
fifteenth amendment to the constitution of
the United States and the statutes of 1870
and 1872, enacted for the appropriate en-
forcement of the same, have now tor the
first time, to a certain extent, been subjected
to judicial Interpretation, and considering
further that this case involves a great
political question, the court has labored
hard to find an authority which would JUS
tify the court in granting the appeal asked
for; bat there is no precedent to be found
in all the books Of an appeal allowed and
entertained by the appellate court from a
merely interlOcutOry order. The applIca-
ton for an appeal in this case, from the Or
ders thus far made therein, must therefore
be refused.
If the court has erred in the conclusions
at which it has arrived, the parties de-
PENDANT are not without remedy. And the
cour t. should the parties defendant not be
satisfied with its judgment in their behalf,
greatly desires that an application should
he made to the Supreme Court of the
United States for the issuance of a writ of
by which, il allowed, all the
thus far had in their case may
be removed into the appellate Supreme
Court of the United States,
Supreme Court.
The case of Judge p. II. Morgan vs..
Judge John II. Kennard, which involves
Al T,I
this tribunal, was argued Yesterday morn
ing by William II. Hunt, Esq for plaintiff
and ". W. Howe, Esq, for defendant and
submitted.
superior District Court.
State of Louisiana eX rel Wilson w.
johnson VS.. l.. A Duvigneaud.-Fhis case
involving the possession Of the office Of in
spectOr of weights and measures for the
First District, city of New Orleans, came
up for trial, when, after hearing pleadings,
evidence and counsel the court. consider
ing the law and the evidence to he in favor
OF the rclator, it is ordered, adjudged and
decreed that there be Judgment i'll favor Of
the relator. Wilson w. johnson, and
against the respondent, l.. A. Duvigneaud,
and that the writ of mandamils herein
issued be made pcrolnptO1y. commanding
the respondent, l.. 4. Duvigneaud, to turn
ever and deliver to the Velator. Wilson w.
j Johnson al! tUt "tfgI1S. measures. sidu-
.lards, and all other perapternaiis. and
property haioD ging to the Office OF inspector
of weights and measures for the t!rss Dis.
.rict Of the city of New Orleans. IL is
farther ordered that Tie respondent. L. 4.
Duvigneaui. pay cost: of suit
Citv of New Orleans -. Jacob Shcauss,
f. Merle g. j. Chapus. warrautors.-Jhe d.
cision IF the Supreme Court. affirming the
{ ,yrl-v Judgment OF this court. was ordered
10 be recorded and that She .a!.e w. s!"i:
executed.
Second Di.iric; Cou..
The SUGGESTIONS OF John :. R0hor'.. q:
! ircini. Care, widow Of Joseph Jacques
J.uone.. and uf Rose rrampi1. deceased
wife OF Jean Eapti.tc Mon'aH2. h&v. been
opened in This court.
In the succession cf James Restr. Judge
Tissot has ordered that 'he opposition filed
be dismissed. and the account presented by
Niche. Lucica L.OSan.he, administrator a!
The succession. be approved and ao'noi''
gated.
fourth District cOHr;s
Th. rule 10. a new tria; in th. cs." ~
iIatre Azeona Us. n. !. Vega. & ]. I6's''.
,L..6 opponent. has been aisin'ss.,..
Iron Span !iuiuceo
In- Aus in j.u.1sns says:
The new iron span which "a" Houston
md Texas Central Railroad Company ha.