New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-06

terday morning, and was as follows: YER
dict in favor of the plaintiff ans against the
defendant for the sum of Sl0O, with costs;
Z. j. Gay VS.. William Boy red
that W. P. Harper, civil sheriff Tor the
parish of Orleans, show cause on the elghth
instant, at ii A NJ why he should not de-
liver to the United States marshal the thlr-
teen hogsheads of sugar Unlawfully taken
possession Of by him, and why he should
not be punished for a contempt OF court Ter
interfering with and obstrUctlng. the pro
cess OF this court on the grounds lied:
Amelia G. Mahan, guardian, vs. Louis-
iaua Paper Manufacturing Company.-lhe
jurors were sworn in this case. IL was Or
derPd that the call i'll warranty made by
defendant OF MessTs. Pemberton N !odd
be stricken from the order and disatowed
Thereupon the trial proceeded. amt was
continued until to-day.
Sisters of Charity Of st. Vincent de Paui
vs.. Octave ADMINISTRATORS EhZa Pete
Macias was subrogated 30 the rights and
privileges of plaintiffs III the judgment Oh
tanned III this case, with fulI power 70 pro
coed thereon as she may be ADVISED
Superior Di.tric: Court.
State ex rel Peter 4. PVadet vs.. Edward
Thomas.-A suit for the possession OF the
Second District inspectOrship OF weights
and measures. Judgment .og p!alnut By
ut1dGlU confirmed.
Second District C0urt-judginest OF Non.
Suit.
IN the succession. of Arthur Macarthur,
Judge Tissot has decided that Jane Eliza
beth Macarthur, wife OF MelchoT Winteer,
Margaret Susanah McArthur. wife OF
Charles 7. Duplessis, and Caroline Near
thur, wife of Auatole Bricugne, have failed
20 make ont their case, and that Judgment
should be rendered against .Aem % non
suit.
plaintiffs applied 20 6c recognized as che
heirs of their father, Arthur AcArthnr. and
ftheir late sister uha a. s0!ger Macarthur
in the proportion of one-tOurtE to each o. 'he
.aid decedents' respective estate. They al.
legged that in the mortuary proceedings had
before this court in the succession cf their
late father, Indiana, Arthur, Mary Ann
| Darling, and Alexander Macarthur were
represented through error as being also
heirs Of said deceased. They therefore
prayed to be rec ogniZed as the only heirs OF
! the late Arthur Macarthur aud OF Julia Ann
Fniger Macarthur.
The SUGGESTIONS of Henry 4. Denis, Jean
Dutriche, Mrs. 7. G. Collins have teeG
| opened IL this court.
Fifth Distsict Ccur.e
The motion filed IN the case OF u. J. West
VS. MIS- c. Nesley and the city of New Or
leans came up yesterday. Mr.. X: ii. MARI
! took occasion 10 address a political harangue
| to the Judge on the bench and d lew attor-
neys and attaches Of the court who were
| present. lie had spoken about an hour,
and gave no signs OF weakening. Nhen ne
| proposed to take up each count OF his mo-
! ton and consider them seriatim, the Judge
! interfered, and informed him that the court
| could not very well take cognizance OF the
! first four articles of the motion. We ap-
| pend the judges remarks:
! Benjamin j. West vs. Mrs. c. Nes1ey and
! the city of New Orleans.-ln this cause, IN
! the matter of the motion of K. II. Mari,
! ESQ, attorney for plaintiff, for a rule to
! show cause wby this court should not pro-
| coed TO hear and determine the said case.
| the following assigned reason OF counsel
! being considered irr. leyant TO the question
| az ISSUE 20 wiz: whether the act cre&tln !;
| the Superior Court OF the pa ish OF Orleans
! is constitutional, and also improper as de-
nving the extensive authority o. the eSecu-
| tive and legislative branches OF the govern
! mcnt OF Louisiana-a government winch
was fully recognized by that Of the United
| States, and which this court IS IN duty
| bound TO recognize. 70 WIZ:
! J. Because the body and asseinblagc OF
! persons pretending 10 be the General AS
| sembiy If the State of Louisiana, by which
! said pretended act purpOrts 10 nave been
| enacted. was not the General Assembly OF
'ne 80 % .,acr ,he SAID uTe.
, !t.rEaa ac+
! 'en"G 8,f 49, p y : pincbSact VINO an
- o,,5 si.,r,1,l tba .aiJ Unattended ar.
| ~ ; ~ 49, Coy.rno- and acting Coy
|1 81 y1"1Ii.iara vas NOT. at III. fine he
! ~ s',, ro,-,i and stoned the said pretended
! ac+E+ba+ is on the eleventh day of Decem-
S. SIS, ~ Govfrnoro; ths state
~ = ',,:r;an, ord was -ithop- lera, war.
bnrity- = and -
| .o';S -",anfad 90,
- ~. +Lo .verciee nv ~. said piuchback
I"l 49,, 'uU a,,5 f,stiars ~ riantenan.
10y o,,d ~ Acting Cnv.rnor of I,nuis.
;a,,, VS. IN unaufboIizeI and ILLEGAL as
SrIn-,+inD 81 1owey. w.tlou: !ega, force OK
effect
CO. :, .,,.ro,, br ~. co,,r. .v cfffc;o Via.
| -; ,nH:[,ra5 lrrornls no e+,icken out al
60. 50. ,-,-,,ion LenaT,sa III. cnrr. j. with.
. go ,'.t,n,;,I. :, go mon .he ,ues+ior
~. eiI,,+nsofI rrais.l ord heconae .his
ILus 10 - bo,'nd 90 ,ecogniza all tho
Is -,r .1d 6rancbe, no STAT. GOV.
Csl,". LIZ -. r. Iarn Lean raoooni1ed hv
81 nIivn =, r,7 ~ 30 Tnitej S+4+no. ami
YIe 20 ;annI,sc the r1iy nnr.tion before
. "a: ,,,s. ~ Ma itit,,rinnai;,v ri
ar, No. , anproved Decem6er II, 1872
az ~. =. o %Hg .F .,a Sn,,Ir,n- Ccrrt n
W. ca nriears and wb;rb detines it,
:ho p 5;a.;n, 0'
jul T-,iIor G,oS .eraaroI .ta for'ovfnc
;n oreSG I deri.ision:
lnI ITI w ~ NC T,
t C - ot' o G,, sborit anL Vic+or Carn
. =: o"'. .5-5S - H. dn,.I,a+ of tI,ia court
aiaS, ~ =, +oi,cn ~ etav ,ba avernti0n 81
~ ~ ":ie iiun ~ ,f,be Eockat
"a ore ~ lGu go -,-r
u tn ms 90" ,as taS -be same rnSer adj