New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-21
COtKf RECOKD. ''sss4
pEYA TeYsvSTy
SATURDAY. sxIrEMBER 90, 1873.
First District Court.
ARRAIGNMENTS.

| 81 A6kAlGNMGNI6. af.... r-z
" C. Pratt, charged with assault and bat
5: terry, offered plea of guilty of assault
= | which was accepted. .-.tp
/ James OBrien, convicted OF murder, hat
d new trial granted, whereupon he pleaded
guilty of manslaughter.
80 NEW TRIALS.
A new trial was granted Joseph Pereira
and the district attorney entered a nollt
. prosequi.
d A new trial was refused Thomas Francis,
+ | convicted of larceny; and in the case Of f
5 A. Gir0ux the court intimated that judg
J; ment would be rendered on SATURDAY. next
but would examine any authorities that
might be presented before then.
7 Pierre Berth came in on an application
for new trial, but the court took the mat
tor under advisement.
The district attorney entered nOlle
prosequi IN two OF the cases against him.
BAIL FIXED.
Alex johnson. charged with manslaughter,
had his bail ixed at $4,000, and Annie Steele,
accused OF larceny, got free on $3.50.
SENTENCES.
/ For larceny, John Williams received one
1 year at hard labor in the State Penitentary.
and Thomas Smith got one day in the Par
ish Prison.
John Morris, for. carrying concealed
| weapons, was nned $oU.
DISMISSED.
The affidavit against E. Erwin Smith,
charging him with forgery, was dismissed.
! Third District Court.
State ex rel. Charles Mccarthy rs w T.
| Houston, First Justice of the Peace.-Ap
| plicatiOn for a writ of mandamus.
| Judge Meunier has rendered the follow.
| ing decision:
! John McNulty obtained before the Third
Justice of the Peace for the parish of Or
| thy, the relator herein, cOndemning this
| latter to deliver to said McNuity the pos.
session OF certain premises occupied by
him. The relator, on furnishing a bond, |
obtained suspensive appeal from the
Judgment rendered against him. Suisse |
quently, that is on the twelfth of August |
last, McNulty took a rule ordering the re.
lator to show canse why the said appeal |
should not be dismissed; and after hearing /
the parties the judge a quo dismissed the I
appeal on the ground that the security en-
the appeal bond was not solvent.
The relator Tin this case complains that |
the justice of the peace has improperly re-
fused to accept new bond, with new
security, good and solvent, offered by the |
said relatOr during the trial of the rule to
set aside, according to his own testimony.
and, according to the affidavit of the JUS
tice of the peace, offered, but after the trial
of said rule. Whether the new bond and
the new security we're offered during the
trial of the rule, or after, this is a cir
cumstance which, l think, matters little for
the decision OF this controversy. The only
and real question to be examined into and |
passed upon by this court is whether the
relator was still in the delay prescribed by
law at the time that he offered his new ap-
peal bond. Section 2082, Revised Statutes
of 1870, DEGREES, THAT whenever an appeal {
shall be taken after three judicial days
from the notification of tho judgment, or a
when, on account OF the insufficiency of |
the appeal bond, or some other irregularity ,,
the judge, after hearing the parties, shall be y
OF the opinion that the appeal must be set d
aside, then he will reserve to the appellant {
he right Of renewing his appeal; provided, :
hat the appeal so renewed shall not pre- o
vent the party in whose favor the iudg ment a
vas rendered from enforcing the execution e
hereof; provided also, that ten Judicial =
lays have not elapsed since the signing of Ii
he judgment and its notification to the b
'arty cast" The law is imperative in its
it does not leave the reviving y,
# an appeal to the discretionary power of in
ne Judge; but 1T determines on what con. | n
ition and within what time it must be re- N
ewed; and the party whose appeal has Ia
cen set aside can not revive it, unless he
FINISHES new bond with a new security III
'ithin ten judicial days from the nOtifica-
ON of the Judgment. The notification of
ne Judgment in the case Of McNuity ". st
lcCarthy, the relator herein, having been a,
srved on this latter ON the twenty ninth of
uly last, and the new bond with a
ew security having been rendered, but on ~
he fifteenth of August following, more Vi
ian fifteen days since the notification OF st,
lid judgment, the justice OF the peace st'
'uld not allow said relator to renew his
ppeal without his violating the prescrip- ag
Ons of the law. By refusing to accent the Sill
ew bond rendered by the relator under !ea
le circumstances above stated, the said In,
lstice has committed no denial of Justice. la
1T he has made just application of the ss
W bearing upon the CASE have been %
ferred by the learned counsel for the re- az
tor to the case Of Gray, McMurdo e. Co. az
V Lowe, A. X. 47S, wherein the Supreme -
)urt. after reviewing the facts of the case, 80,
I'D that an appellant will not lose his no
5ht of appeal in consequence of the surety {
coming insolvent after he had signed the ted
'nd. In such case it is the duty .,
the court to allow sufficient surety to the
substituted This doctrine is Judi. mo
JUS and equitable it is Il Q conse 81 alton ~. IN
constitutional right. But it can not be &c
piled to the case at bar. In the case on
owe referred to, the appellant had fully sol
implied with the conditions prescribed by RIM
v for suspenslye appeal; his surety was SIN;
Cd and solvent at the time of the fling Of con
! bond, and the subsequent failure of said at
ratr a oopt;nrorov w f,roroo,, "a 80. and
~ - 1891 "i0oVoH "no oNoi but
NV 10 hau HI coutIoi, Couiu uoG invest &
n of the right which he had acquired of 1t i,
wing his appeal maintained and prose. So
ted. In the present case the requisites ,,e a.
the law have not been complied with by at
, relator: his surety did not become insol. u
1T by his failure after his obtaining a &c !
80 nf ~ a;"; 49, e. wa' nj 'tnt a. coy
0Ime VI tEo signing OI Tue appear D0nu, '.
ich is absolutely the same as il 10 sectI !o1
' had been ciyen sale
'or the reasons above stated manda;nus "a
used, Telator paying costs. iigh
dul
#.
Int Academy OK .husic' quo