New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-01
THE COURTS.
United STATES Circuit Court.

,J1Ies Brette VS. Louisiana Savings Bank
and safe Deposit Company rule taken
bv the city OF New Orleans on Thursday
was called, when from want OF service, It
was ordered that the rule be continued IN
til to-day at II \. NJ.
McGeEcr. SDowden & NIolette vs.. Phil
Hps-Ordered tina: defendant show cause
on Saturday, the first Of February, 1875, at
II A. NJ, why this cause should not be tried
before a special Jury Of merchants, the case
involving special questions Of mercantile
usage only familiar to merchants.
United States ". +. G.. Eas0n ct als.-ln
this case, wherein a jury rendered verdict
tor government in the sum Of St3,Oo0. it
was ordered that. q remI,titur of $50, 30J
be entered in the verdict rendered herein,
ard that Judgment against defendant be re-
duued to so 705. the amount actually due
on the whisky i'll bonded warehouse.
Male VS. Duncan 5. Gage, ia equity
The following deciei9n has been SCnle'ed
by Judge Durell:
Suit is here brought on the equity alde OF
the court to annul a certain Transfer Of one
fourth of the defendants plantation 20 his
wife 70 satisfy j8dgmC&t against hin for
her dotal and pAraphelnI property.
There was a decree OF separation of prop
ertv and a dissolution Of the community.
Subsequently,, third parties obtained judg
ment against Cage, aud seized and sold the
remaining three-fourths TO satisfy their dc
mand. The property was sold at pubic
auction, aud was purchased by dtienGants
wife who paid a certain amour OF cash
and secured the remainder by mortgage on
the property.
Tie plaintiff in the present suit files his
bill alleging that the suit Of Mrs Cage
against her husband can have no tflpcs as
against him, that the property really be
longs 10 the husband, and that she pur-
chased under the execution "t third paf-
ties with The money q her husband. That
the sale to her by Charles Gallagher and
Dr. Mercer, the parties referred 90, was
bona 1ide transaction. but that she is MOI
now and never has been tile real owner OF
the property.
| To-day the case came w OH % rule 70 dis
| mss the writ OF sCOBestratl0n, which Was
| issued 10 take possession OF certain mules
on the defendants plantation, at The in
| stance of Hall i Leslie, creditors, for sup
plies furnished Major New, Tor the plain
! tiff in tho rule 70 dismiss, eOn'enfe. that
| the writ was Illegal ana that TO Rtlidayit
had been made 80 the petition; that 1t had
! been sworn to before notary public, who
| had no more authority Ia administer an
! oath in this inst8nc. than the p0-tma-ter OF
! Scw Orleans.
That the two shiugs required by law 70
| authorize rhe ssuanCe of "a writ ri s"GUes-
! stance. VIZ: that the party pray ing for She
! Wig snIst show that he has an interest III
! rhe uyouer.v asked 10 le sequ@s'eret. and
! that she parties against whom 'he writ :
! invoked are about TO remove Hhe u"os eTty
| during the tendency OF the sG't. The "ale
| taken hy Major New t" dismIss the -".'les-
| trat.oG wac made absolute.
! &uprcms GOGyto
! Ghe state ex rel. p, II. Morgan -. y -.
&ennarlf-2 writ ~ sjSi,eScedeae was &,s-
! oiled for by ehe defendant IL this suit, and
by The Chief Justice
Sh. gehearing applied FOX by III. s0oehies
| in the case Ok the State Of Louisiana * vel
| Attorney GeneyaI on information Of The re
| turgsiI = officers of election vs.. Jack Hhag-
eOn. was refused.
Superior Dieeyfcs GoU:so
Hil0w 4. Helpruch has flied a !"'it!cYl
In this court, alicgi&g that the ciyi! sheriff
| O. tie city OF New orleans has seized HoI
eaxes. and has notified her that he vii! pro
! coed 20 sell certain piece oi property ~
the Second District, bounded by Toulouse
| Daunhine. st Peter and GouT bon streets
She alleges chat the building Ia used a. a
echoo! house, and is. under the laws Uf shS
| State. exempt from tHSatloUo and she !ara -
chie Il VIZ OF Injunction i-sua fcI bsiaidA
the sheriff 20 advertise ana sc!S Hhs prop
ar$g. She also prave fer SOD damages. ~
. Guiding tcee Of counsel AND expenses len
dere.S necessary o. se'eN0 herself dguGs
thn alleged claim OF 9he city.
State Of Louisiana * rel. gh0In6s Lynne
Is. Charles Clinton, star AuaitCr.-Ihls !
a sui. for a manhanus requiring esYeondef
IL Yav rplat0r $iSlt -. fees due him a
clerl, Of the la~e EIGHTH District Court il
eundry FAX suits. Fixed YOr trlN 0H :!
/ day. tie seventh instant.