New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-18
Second Oistrics Court.

ttStItSNdJt lut hAhCICChlh lhSluhts
Second Dissrics Court.
The SUGGESTIONS of DOminick Madden
leonard Spangenberg and Agloe L'Eocille
deceased wife of Pierre Carroll, were
opened in this court yesterday morning.
in the celebrated Cabellerc suit, Judge
Grma, sitting in place of Judge Iissot, de
eided that the Bonala family is entitled to
the succession of j. NJ. Cabellero. A pre-
Sious suit, decided by the Supreme Court
gave the succession TO the daughter of j.
~. CabelleTO, Mrs. Cont.
fifth District Court.
Ipuis Stein VS.. Philip Hoelzel.-Suit for
damages. The facts. as they appear in the
opinion Of Judge Cullom. rendered yester-
day. are briefly these:
some time in lS7! Stein lent Ifoelzel $4,000
without interest or commission. Two bonds.
$1,000 each. the property of HOezel. were
placed with the German insurance Com.
Iany and afterwards sold at a premium.
ceductng the $1,000 and SIS sc expenses,
$4JG - was left which was rendered HOel-
gel. whe refused II. and claimed the bonds
Cn a fender of $1,000. the premium having
gone up. Stein refused. October II the
llaintitf and defendant had conversation
ON the subject. October 10 IOelzel caused
STEMS arrest and confinement in the first
precinct station on a charge of insult and
abuse. November 8 Recorder HoughtOn
dismissed the charge. and on these facts
Stein sues HOelzel tor $500 and costs.
The opinion OF the court concluded as
follows:
in the ease of Louis Charles Perret VS..
She New Orleans Times newspaper. report.
ed IN the REPUBLICAN of the twelfth in
etant, Justice Taliaferro SAYS: "In regard
90 malice. the rule is that it need not be ex-
pressly proved but will be implied if the
charge is FALSE Malice is an imputation
Ot law from the false and injurious nature
Uf che charge, and differs from actual or i'll
will towards the individual frequently
given in evidence 20 enhance the damages"
4 Wendell.
As 10 the puantum Of damages, it is only
Necessary TO remark that loss of time was
shown. and also the payment of a fee of
SO. ON this question, however, it is only
Necessary TO continue the quotation of JUS
tice TaliaterrO's opinion in the case just
cited. He says: "On the question of dam
ages recoverable in cases of libel, the doc.
Urine is well settled that actions of
SANDER may be maintained without
proving damages, and the party may
recover. This doctrine was recog.
I,Zed by this court after q very full
argument in the well considered case of
Miller vs.. Holstein, l6 l.. r., 3S9." The
Game rule applies TO this class of cases, and
as il is impossible for witnesses TO compute
in money the injury done TO the feelings, the
pride and self-respect Of a gentleman whose
character is unblemished, whose social re.
lations are elevated and retined-who is
the head of good and respectable family
Whose reputation as a law abiding man is
proverbial, and whose integrity and correct
ness no one pretends to question; the
courts and juries must be left to assess such
damages under the pleadings as in their
wisdom and sense of justice may be
commensurate with the injury done. 1t
IS certainly very notifying to peaceable |
and good man 10 be arrested without crime |
and to be under bond and harrassed by q |
criminal court as u common malefactor, |
and at last to have his name associated in |
the morning papers, that circulate far and 1
near in ten thousand channels. with those |
who have been consigned TO disgrace and |
lnfamy. Such was shown to have been the |
:act in this case, and while it is always dis |
agreeable and even painful TO be compelled |
10 impose penalties upon our erring fellow. |
Snen, who prove oblivious of the rights of |
Others, It is nevertheless our duty to act
upon the maxim, justitia fiat. ruat cGlum. |
There must, therefore, be judgment for |
plaintiff as prayed for. for the reasons here. |
inbetore assigned.