New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-07
COURT RECORD,
THURSDAY, NOVEMBER 6, 1873

| Ter.
United States VS.. Cain Sartain ct ais
examination waived to appear before tt
District Court OF the United States.
Supreme Court.
| No quorum and adjourned till tonorrov
Superior District Court.
} The following petitions were fled tn
day:
I Crescent City Live Stock Landing an
Slaughterhouse Company VS.. C. Cavaroc
| Son.-PetltlOners borrowed of the Nationa
bar klng Association and executed a not
Tor So0, GOO, renewed August ., 1873, an
pledged Ss7 900 worth of bonds az security
lhey aliege notice from the receiver not I
pay the note, and also that G. Cavaroc
Son insist on payment and threaten to sci
the bonds: Prayer for injunction restrain
| ing defendants from parting with said not
until the right of the defendants and re
ceiver be decided, granted on a bond o
$500.
John w. Cannon VS.. State of Loaisian;
and w. ?. Harper-Prayer for an iniunc
ton restraining A. p. Field, Attorney Gen
eral, and w. p. Harper, civil sheriff, from
proceeding to enforce the execution in tn,
case OF the State vs.. j. j. Browne, for Stat,
| taxes of 1870, until further order of th
court. Writ issued on bond of $l50.
THSI Al6trlCt Court
SENTENCED.
Charles and Mary Burgess-l, rape; 9
assault with intent to commit rape; 3, Grim,
against nature. Verdict-First count no
guilty; second count, not guilty; tlirt
| count, guilty. Sentence-In consideration
Of the verdict and section 7SS Of act No. q
of the General Assembly, it is ordered tina
Charles and Mary Burgess, for their join
Otfense, be sentenced each to Imprisonment
at hard labor for and during the term OF
their natural lives.
NEW TRIAL REUSED
State vs.. o. H. Schonhausens et ak-Rob
berry, etc.
NFORMATIoSs FILED.
Larceny-W. Hall, Richard Williams
Henry johnson, Louis Willis.
Assault and battery-ALary Mailles, Louis
Wills.
Carrying concealed weapons. esc.-Johu
Snapper.
THE GRAND JURxs
The grand jury reposted the sollowins
true bills:
Assault and battery Villa. Julian Hill,
alias Rosina Potter.
Obtaining money, etc.-jack Heating,
Frank Swier, William Foley.
Perjury-Frederick Kohlman.
Third DISTRICT COurts
The following decision has been rendered
by Judge Meunier:
} Henry Smith VS.. E J. Weack-Applica
ton for writs of certiorari and of injunc-
ton. From plaintiff allegations it appears
that the defendant. \. J. Wenck, on the
the third day Of August, 1866, instituted
seven several suits against him and bis CO.
defendants, j. Sandrook, Frederick Phitz-
sing and p Manuwal. beioIe the third JUS
tice Of the peace for the parish of Orleans,
from No. 1876 to No. jUl. inclusively, of the
docket Of said court and obtained as many
judgments against them amounting to-
gether to the SUN of 1894 2S. beside the
costs in each snt. Petitioner further alleges
that on tho face of the records Of said suits
it fully appears that the cause of action in
each case only existed jointly against petit
toner and his cO-defendarts. and that no
Judgment therein could be taken, rendered
or construed as condemning petitioner to
pay more than his virile share of the amount
of said judgments: that subsequently to
the rendition of said judgment E. j. Wenck
recovered, by means OF garnishment pro-
cess, $500, which is more than petitioners
verile share Of liability on the principal,
and more than sufficient to pay all lawful
costs due by him; and that the judgments
rendered in the seven cases above mentioned
are, therefore, satisfied and extinguished,
so far at least as they relate to
and affect the petitioner Furthermore,
pe titiOner complains that notwithstanding
these facts the defendant herein, E.
J. Wenck, has obtained executions in
said cases against him from the said Third
Justice Court, and that the constable has
seized properly belonging to him, consist
ing of two lots of ground, worth the sum of
$4,000. That since the rendition Of said
n oyDaptS her haya
been issued in each case against him and
bis co-detendants; that several of which
executions have not been returned. and
that all subsequent executions are illegal
and null. having been issued notwithstand- |
ng the failure to return the former wYits |
which had expired.
Petitioner therefore pravs for an iriunc- |
ion forbidding said L. j. Wenck and w |
Igan, constable OF the third justice of the !
peace, from proceeding further IN the suits |
ibove mentioned and nun mbered, and he |
,rays that certiorari he issued to the !
bird justice Of the peace, commanding him |
o send certified copies OF the proceedings |
n said suits that their validity be f,sc er-
aimed, and also commanding said Justice |
o proceed no further in said case. until
I'D sment shall hage been pronsuAcs1 on
he regularity of tue proceedings.
The defendant herein peremptorify eS-
epts TO plaintiffs petition on three
rounds: L. The Third District Court can
ot annul ajudgment which it has not gen
cred. unless the nulity' be demanded on
ppeal when the nullity is apparent on the
ace of the record. 3. Judgments can only !
e annulled by the tribunal which has rem
cred the same. 3. The action in nullitv is
more than one year having
lapsed since the discovery of the irregu-
arity herein complained of by plaintiff.
Were the relator in this case seeking to
btain at the hands of this court, under
his present form of action, only and mainly
ne nullity of the judgments rendered
gainst him, the peremptory exception filed
y the defendant might, under articles COY
nd 6l0, Code Of Practice, be well grounded;
ut tie allegations contained in plaintiffs
etition clearly show that such is not the
bject sought after, and that the remedy
ssorted to by plaintiffs and provided for
V article S66 of the Code of Practice is for
le only purpose of ascertaining the va
dity OF certain proceedings and of arrest
e the execution that has issued against
in until the validity of the proceedings
,mplained OF has been rOn0unced. True,
is. the plaintiff demands, also, in his pc
ton the nullity of the judgments rendered
yainst him, but this demand is but a sub |
diary one, and this court may refuse 70
ltertain it under this form Of action, and | I
It pass upon the matter which has been
,operly brought before it. The exception,
eretore, must be oyerruled.
On the merits: The judgments rendered
favor of E j. Wenck against the PLAIN |
I herein aud his co-defendants by the ,
ird Justice OF the peace, can not be IL {
rpreted as being rendered against them
solido without m1sconstruing not only s
G tenor Of the judgments themselves, t
It without also miscOnstrulng the nature t
the several Obligations sanctioned by {
ose judgments and the principles Of law 6
those obligations. The plaintiff I
d his co-defendants in the several seven
its instituted by E. j Wenck before the $
lird Justice Court on the third Of August,