New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-14
COURT RECORD.
THURSDAY, NOVEMBER -, 1873

THURSDAY, NOVEMBER -, 1873
Superior District Court.
| AS Judge Hawkins will sign the iudg-
ments taken by default in the tax suits in
| three days. taxpayers have only that time
| to save themselves.
First District Court.
PLEADED NOT GUILTY,
Larceny-Edward Lynch. Fred Dav;s
James Foley. Henry Webb, jennie Moran
min, alias Davis.
Being lawfully imprisoned, breaking and
conspring to break Prison. etc--P;erra
bertm, Frank Caro-, and Gustaye Borde.
ais. 'u0
PLEADED GUILTY
Larceny. +. Thompson
Assault and battery-Ben White. Of a..
sault only.
SENTENCED.
~ State We. @. II. Shoenha usen-Robber
len years at hard labor i'll the Penitentiary
nnlspensive appeal granted, returnabe
ON TRIAL
state We. Gustave Observation-Disclosures
armed with a dangerous weapon. The az
cused broke into the dwelling of James
Ryan, corner of Franklin and perdido
streets, between two and three O'Clock ON
the morning of July 80. He had a loaded
revolver, "a dirk knife, pair of outsiders
and hie on his person. The defense set
up was that he went in there to see a lady.
Filth District Court.
Judge Cuiiom rendered the following de-
cisipns: w
oted & Co. vs. Lacey. Terry S. Co.
Judgment i'll favor of defendants on their
unconventional demand tor $l5OO with five
per cent interest FROM May 5. 1873, less the
sum OF S56a 49, the value of the remniuin,,
portion OF the machinery purchased by
them.
+. Fairthorne vs. j. II. Dayis.-Judpnent
for defendants.
Edward Phillips VS.. Albert d. Moore,
curator-The plaintiff is a licensed attorney
at law, who brings this suit to recover fee
OF SlioU, which he alleges is due him for
professional services rendered in suit No
34,4bS, OF the Second District Court for the
parish Of Orleans. Said suit was instituted
for the introduction OF an insane person who
nad been confined on account OF his unfor-
tunate mental condition. TIE plaintiff was
employed to defend the suit which termi-
mated in judgment of Introduction. The
defendant herein thereupon became the Gu
rator of the interdict. and az such he is now
required by the plaintiff to pay him TOR his
services.
The curator excerpts to the jurisdiction of
this court, alleging that the Second District
Court alone has jurisdiction in the premi-
ses. 1t is admitted that said court pre-
nounced the Judgment of Introduction. and
that no exception was taken to it's juris-
diction.
The plaintiff in the present exception
refers the court to article eighty-three of
the State constitution, which defines the
jurisdict ons OF the several courts of this
parish, and which says the Second District |
Court shall have exclusive probate juris- |
dlctlon.' lie refers also to article AIS of |
the Civil Code, which read as follows, to
wit: THE person interdicted is. in every
respect, like the minor who is under tu- |
tor, both as respects lis person and estate, |
and the rules respecting the tutorship of |
tine minor concerning the oath. the inven- |
tory and tho security, the recording of the |
legal mortgage, the mode of administering, |
the sale OF the estate, the com mission on the |
revenues, the excuses. the exclusion and |
deprivation of the tutorship. the mode of /
rendering the accounts, ana the other obi
cations, apply with respect to the curator
ship of the person iutcrdicted."
The law governing the administration Of |
tutors Is contained ii articles $50 ct SEQ.
of the Civil Code. Article 9G2 of the Code
OF Practice declares that "the rules therein
tutors and curators of minors intardicted
and absent ncrson. sl,lI govern as -e,r,,rG1
the curatorship of interdlcted persons In
nnr,.d j ~ An ~ I, - ny n 49,, ~
t;cies t0S ttisl of ,le C;rii an, ,,l Ok, nr
the Codo nf Prac.;ce the Ia ~, Tho suh;aot
Of tutorshin is made an,licah,a 70 +bo cr.
ratorshi, Of infardicted nnrsnrs IN r,sroct
to m.nv uatfars .nd nart;c,,Isy,1. IN rafor
enca tn rho oati The ;,v@ntcrr Ia - tt,s So
cnr;tvr II Ear-ett vs. EaIT;, 10 A. tc0
Tho cour. decIarad III # ..thn ;I'r,sd;o,inn 81
fbo SDcnn3 D;st,;ct C,,rrf 81 NJ. Nrl..ans