New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-14
9lelr V}rleans 4sps'hllfaa.
eESiCIiL JOURNAL OF TIE UNITED STATES
evFlCiaL JOURNAL JF NEW ORLEANS
THE COURTS.
United states Circuit Court.

~
.olr. a,,4iust .he city of New Orleans Tor
..rns an. ammunition taken from his store.
A.. ~ Charities street.. "hl"h W@- -acEed
nv me rioters on the night o. Co!ouc. W e
-auan'. .Oup d'eta'. Inc piaintlti IS 4 cIti-
sen ii France. lie Chains that be had IL
stock, uu :hr fifth oil March. goods 20 the
amour: ut $50 900. which wer" carried OF.
ny DESTROYED. He claims that amount. with
$500 addltiOaa, Ter hIs French plate glass
showcase. $500 tor hls tools. and s $500 for
goods intrusted 20 him by customc:-. The
s8lt .ltO.cthcT amounts To about Sf!.'Vp.
Superior URtrict Court.
STATE OF Louisiana eX rel. james Nj. Bon.
aer ys. Is. l.. Lynch In this CO.. Judge
Hawkins rendered this mnrE:n. the follow.
Sng deEI-i"n:
This action i. brought in the name Of :he
State by the Attorney General upon the IN
formation of james NJ. Bonner. who alleges
that he WA dulv elected To tEc cLhtt "l
Judge of the Fourth Di.tric! Cour: 81 tne
rarjsh Of Orleans, a: the election heId III
kovemher. 1872; that j.. Il. Lynch who was
.LIao y candidate al said election. was not
elected br the returning officers Thereon:
H.. urays that the canvass and counting Oh
sh, ,otc. b" rG-cXamned. winch ne alleges
Yili show that ne was duly elected. iHdt
Il. J.. Lynch be declared usuTper an" IN
eyuder mo Eaid office. and that ne ne ut
riared the legal judge OF sad court win
Che RICH: to exercise Ihe powers 'iu eng!
IL cmOumentS. -: -
rnmrroua grounds. the most important OF
.,binb il nat thr act Nc. 100 of 1870. under
.gbi.h this election was held, repeats all
Ia,y proyiding for the contest OF election5
hefori, the courts. II has been earnestly
,,rred nv the counsel for pIalntlh that TINS
emit being brought under the sanction ana
A lAF.n al
A. was a suit under the intrusion into Otnce
act: that, in such form of action, the regu
i,ritv and correctness Of the election re-
turns can be inquired INTO.
7. was 8dmIItcd in argument that II re
RET could not be had under this form of
.c.ion that plaintiff was without relief. be-
sause there ID now no law on the statute
books technically authorizing Judicial
contest of the election. This suit ls so man
Ifestly ore to contest the election held, and
not 20 inquire into the title to the office I'm.
de. the intrusion into office act. that 1t be
rorurs unnecessary 10 more than aliudc to
Che petition in the case 20 determine the
fact, il being admitted that there IS no
law authorizing or permitting "A contest OF
the election. the exception is sustained and
:hc suit is dismissed.
Judge Dibble filed the following petition.
ahich will have "a tendency to open up the
STATE "hTIduG NuNNblOh III " NV 'A'''pN
70 the Ifonorabl. the Judge Of the Super .or Dis.
;r!ct COur. for tho Parish Of Orleans
The petition Of the State of Louisiana on
she relation OF George ii. Andree, a resi-
dent of the State Of Louisiana, and city of
New Orleans. respectfully represents that,
as the agent of three commercial firms III
this city. to wit: Keiffel Brothers. a com.
mercial house, doing business at No. 90
Common street; IsadOre Newman n
street. and NJ. Herueiman, retail merchant,
No. 90 Gravier street, he offered TO pay to
N. G. Folgcr. tax collector for the First
District of New Orleans, licenses due the
State by said hOuses--that is to say, for the
said Keitfel Brothers, the sum of $2OO; for
the said Newman Brothers, $500. and for
che said Herneiman, the sum of 500: and
shat relator rendered in payment of said
licenses a warrant drawn by the Auditor
of Public Accounts, January "a. II. :, for
the sum of $500, in favor of w. &. WHY.
Associate Justice of the Supreme Court of
this State, in pawn. Mt of his salary for the
quarter ending June 30, 1877.
RelatOr further shows that by the pro.
visions of section six of act No. - OF ISL.
approved March ,. 1872, the said warrant
~ made receivable for all taxes due the
State and payable into the general fund.
Nevertheless. rrlatOr shows the said \. g..
Ia
receive the said warrant in satisfaction of
the licenses due from the aforesaid com.
luercial firms, although thereuntO amicabiy
demanded, all Of which will DO proven on
+ sial
Relator now further shows that he has
no remedy against the said illegal refusal
Of the said Folger. except by the writ OF
nandamus.
Wherefore relator prays that xxi: of
4 al IN. y
F'olger, tax collector for the First District
OF New Orleans, commanding and requiring
him to receive from Geo ge III. Andree a Ger.
tain warrant for the sum OF five hundred
dollars drawn by the Auditor nt Public
Accounts, June q, 1872, in payment of the
salary Of w. G. WHY, Associate Justice
at the Supreme Court, for the quarter end.
ug June 30, 1872, in satisfaction Of the Ii
senses taxes due the State from keitfel
Brothers, "a commercial house at No. ~
Common street. $500: IsadOrr Newman Il
Brother, money brokers. No. - Camp
street. $500, and NJ. ueruoiman, retail mer.
chant, Ne % GTaVieT street, 500. and CON.
1aanding the said FOlger TO issuc 10 the said
persons licenses as required by law. Peti-
;i0ner prays that the alternative writ Of
mandamus may be served upon said Folger
and upon Hon. a. i. Field, Attorney Gen.
rralo Petitioner prays for general rehet
End COSTS
The petition Is sworu 10 before W. l..
Evans, Esq, justice OF the peace, and the
following order thereon was issued by
Judge Hawkins:
Let writ of mandamus issue as within
prayed for. commanding n. &. FOlgeT. State
tnN collector for the First District of New
Orleans, to comply with the prayer of the
within Petition, or show cause TO the con.
trary on Monday, March IL 1873, at II AZ
vi. Let the Attorney General be served
witha copy of this petition.
The case of james Reid IS. Louisiana
state Lottery Company was continued in
which a great deal of spicy testimony was
elected, The case was submitted to the
Jury about four o clock and the Jury returned
IN few moments a verdict for defendants
Second District COurto
The SUGGESTIONS of William Thomas Hepp,
fohn Casper Buck and Augustus Whiting
nave been opened i'll tins court
Fourth District Court
j. NJ. Jerrison VS.. b. NJ Harrud e ais -
Plaintiff sues the architect and owners of
Ehe Varieties Theatre, on Canal street, for
damage done his property by the erection
of said theatre on ground contiguous to his
premises the effect OF which has been to
lessen the value of his property, and render
the same untenantable. Able counsel are
employed on both sides, experts are called
70 testify. and great interest is manifested
gu tho case.
Fifth District COnrt.
In the case of jacob Klipper VS.. William
NJ. Surls ct ais. Judge T.. n. Cullom rem.
iered the following opinion this morning:
This suit is based upon promissory note
for $500. on which the plaintiff claims legal
interest from November 20. 1872. 1t is
signed aud Endorsed by William NJ. Surls,
Mrs. NJ. +. Surls and Charles Martin. Ii is
a Joint obligation. aud was given for money
loaned To Mr.. and Mira. Surls. AS appears by
the avermeut of ths petitioner. Mrs. Surls
Is alleged to have separate property. but
II is not alleged, nor was it shown. that the