New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-04
9slr Orleans 8tplsblaan.
OFFICIAL IOURN8t OF The UNITED STATES
nFflClaL JOURNAL 0F NEW ORLEANS
TsiE EOURT%e
United Atntcs Circuit Cont.

TTT :
and Sat. Deposit. Company -Th. y~!G 70
chow cause LAging bee24 taken ny anG
Heard 1t ~aA ordered that she wits az ia
function tiriGln asked Jog DE :IOdItled and
granted, 10 the followu. extent. Gns 'o
have no other force or effect: The c!t" q:
New Orieans, BY d writ ~ injunction {" of.
ISSUED, j, 20 be erjDinS'S and restrained
6unles. the. certificates held and owned BIS
9ompIal..nt are paid 80 caa".!eci !:om
drawing - variant e.! warrants SoE
She payment OF. and .Vm paying any
certificate Gj appropriations i-sn'" hfi.
der or ~ virtue 81 ordinances so,'
and l3.j. Administration ceres, except VA
Abe ordcE 81 the adoption of the ordinances
authorizing tire same. interest OF ;udlcia!
Tost- excepted: provided, howe'er. that
eucb witt of Injunction be regarded as IN
no way or manner enj0inlng Ga restraining
Fhe ci.y Of New Orleans from receiving
certificates, warrants dni other evidence
Df indebtedness on ths part OF the cIty as
Sayment OF Licenses, "a X"SO ana "'IeF'i"iii!s
Siue the city: and that said defendants.
Joha Calhoun. Administrator "a Pnbi!c .ic'
counts, and Louis Schneider AdmlnlsfFs,
Cor of FIna,,cp. and the Louisiana National
Bank Of New Orleans. tIscaf agent. anu
8heir successors in on 90. be %.S" ?" ihh'o
ited, enioined and restrained 10 the extent
AereinabOvc set form.
In the matter of tbs Bank ~ ioilSiahao
an hankrupfcv, a suit was brought for the
gecover, of $1,000 in gold belonging 10 Mary
Mulcreyy. a subject Of thetlueen OF treat
Britain. domiciated in New Orleans who
gnade a special deposit OF that sum in that
hank March ID. 1861. Ia the month OF May
folIowinp she called at the counter OF the
Bank and wanted her money back, which
the cashier declined to pay, on the ground
chat she would carry it into the federal
Zines, though he offered to pay her - OF
ghat amount Subsequently, after the sus-
pension of specie payments, on her demand
Tor the return of the gold, the president
of the bank offered her so III that com.
In April, 1862, the bank gave notice OF re-
sumption of specie payment, when MIS-;
Mulcrevy went to the president ana
cashier for her $1,000 III gold. The prcsl-
dent told her: "CCIne Tomorrow and
will give it to YOU" She went and waited
there from Q A. NJ. to , T. M, without
getting her money, though it was paid to
others while she was present. She was
finally told that day that the bank had sent
its gold away. In November, 1867, she ac-
cepted a certificate Of deposit, the assurance
being given her by the cashier that this act
gyOuld OF affect the privileged character of
her special deposit. Since then she has
Eainly endcavOred t. obtain Payment OF her
claim.
Judge Darrell concluded his opinion thus:
The court is of opinion that she has
right of action against the then directors
of the bank, but fears that that right, If eX-
erted, would yield to her small prOht. Con
sidering therefore, that the directors took
that which did not belong to them, and car
ried it most wrongfully from this city, and
delivered it into the possession of the enc
my | shall consider the gold as being still
in deposit and as having passed from the
vaults of the bank into the possession OF
che present assignee5 Of that estate. Let
an order be entered that the asslgnees OF
the Bank of Louisiana de forthwith and
without further delaT pay over to Mrs. Nut
crevy the sum of $1,000 Ia gold. without III
Serests
Supreme Court,
SSaS ia ession.
Superior District Court.
Pierre Berges rs New Orleans. Mobile
end Texas Railroad Company. Motion tor
new trial granted.
CityOf New Orleans vs.. sundry tax de
ginquentso~Oydsyed iU be continued t" be
sailed.
Joshua Gorstew WAS sworn liz IS deputy
Cielk ct this court
Second District Court
The sucrGssiOns az Jpscp!s Queyr"n and
NeroniQue Dutour has" been opoHeG i" tbs
court.
Fifth District COurts
The following motion has been iifeI in
9hls court benjamin. y. West 80. Mrs. &.
Nesley and the city .st New erleans.-Dn
5notion of Il. IL. Mari, Of counsel for plain
fitf in the above SGS tied cause, and On
showing 10 She court shat plalntIH desires
TO have this cause i'ISceed. and 10" heard
and determined by Tin honorable court.
Notwithstanding the 9'Setended act No. ;:"f
the pretended Legislature of Louisiana,
purporting to have been approved and
signed on the pleys 9TH day OF December.
1872, by which it wa attempted to giVe eX-
elusive jurisdiction ts ali cases IN which
she municipal corporation ct the city 81
New Orleans is IA parSyo TO a court sly led
1ho Superior District Court for the parish
of Orleans which saiaS court the pretended
act attempts to e5tablisb and Orslnize.
1t is now ordered by the court that rhe
said Mrs Catherine Nesl%y and the sky ot
New Orleans show cause, ON Wednesday
next the fifth day OF February, at eleven
a'clock why the cOui8 should not proceed
to hear and determine ShG sSiG ease upon
the following groundsS
|. Because the bodS aud Sssemb!ag@ of
persons pretending to be the &eneTal S.
sembly of the State of Louisiana, 6y which
said pretended act purp0rts 20 have been
enacted, was not the General Assembly OF
Che State of Louisiana. an3 had no legal
power or authority 10 suacs the said PEE
tended aCto
:. Because f.. H. s Pirchhach. who SI..
.S,rgvS!t and signed III" said pretended act
ernoT St Louisiana. Wa not. ~ fhe time he
80 ap1IrUVUs! and Siyuss =: rhe saii pretended
Hst-9haH 10. an the eleventh day al pgs.HI-
Der, 9Ss ~EIeUS"nsNt asusg gD0Y eft the State
Of IsouisGaBa, and wac without !.'ga! wai.
Cans OS authority to o,psa'c an,: IN tie
said pre,S..8,ie'I act.
% That tSp sxeTcSs" Sy Hsis said Pinch
bach AZ: Elm. POWERS ana functions 81 Lias;-
9enant sGPyeiN.E ans! az acting GeVcfHur Ell
IsSuisJsuo g-Gs Sn unauthorized and 8.fc gal
EssuqnptIon 81? pnw.", an; without ic.a!
SOT1e or sttoCto
1. BecaWsN the SAL pin"i,ba.S. AZ ;ir
election uUder the cos tItut!cn oE iSt.1. was
chosen . Senator, g'.d Is :he term. aa.i
provisions o'g said constitution his se.t as
Senatoy ICoaS8ia vaC.ut "2 INe !cu:Gh day
g.: November, 1872
That while he was see! Senator. G.c u ).
SUuno Bho was Lieutenant Governor. died.
ShSI"Unon u became tGc slUtr0t tue Senate
AZ Sh@ State "t Louisiana 10 s;tCS "rG ui ats
WWn iue3ehorA President OF Shs. Senate. Ghat
SEr the SnoIfth "t December ISL. the said
SInChb8Ck %as elected PRECEDENT az the
Senate and that all Sfe' power and aHtnog.
atty which Je ever hadO as Lieutenant G"S-
PrnOr, E@SSllted from tho> election. and when
ais seat Senator became vacant Un GIs
fourth "S November, 1872, H., capacity
30 be President ct the Senate terminated.
and De ceased 20 BE Lieutenant Cos.
qrnoro and oil ACES Gore by said viaeh-
Back since the tiSurti olsg y: N"vsu.ser,
asa, pretending to be Lieutenant ':oVernog
and Acting Governor of SoB>iana. ar. ulcrs.
Gsurpatious Of power wjSh'sG' legal warrant
or aGthosi;yo and are Notho'ot legal :oS,s c'
effect
.. Hesawss enc SAID pioten,SeS aes IS s'os
9n accordance with, but is il Vio!stou "s
Che constitution of the State OF louisiana
First, iR tho pretended enactment; second.
in lis tctmS and provisions; tLir3, ~ eli"