New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-16
THE COURTS.
United states Circuit Court.

United StateB JIIcaI SOufIs
The grand jury was called and sworI
Yesterday. and John A. Walsh was ap
POINTED foreman, when they retired TO de
tiberate upon such matters as the distric
attorney might have to bring before them
They subsequently returned the following
Unlred States VS.. Uriah G. Pipes.-lndict
rnent for I'm beZzilng letter IN his posses
sion as postmaster. A tru- bill.
United States VS.. Uriah {. PIpes.-iudict
ment for OBTAINING, delaying aud reopenin2
letters and packages ofletters. a true bill
CnitedlStates vs.. Ernest FOntcnetEe-Em
bezzlement. a true bill.
United stntes District Court.
Robert Watson and John Il. Clay were
APPOINTED ds irechOideIs to assist IN pre-
pairing jury list in the District Court, anC
came forward and qualified.
Supreme Court.
The returning board case was again be
fore the Supreme Court yesterday, and the
entire day was absorbed by Mr.. /. y
Semmrs ia his argument in favor OF the
Jack Wharton board, and in reply to the
argument of Mr.. J. @. A. Fellows delivered
the day before. The case was continued
until to-day, when Judge Dibble will close
the case.
superior District Court.
The Louisiana State Lottery Company
has filed q suit in this court against Il. L.
Baker and others, prOprietors OF the store
No Sc st. Charles street, PRAYING 1or a VIII
of Injunction against fad Baker ana MS
employees, restraining them from offering
for sale any lottery, policy or combination
tickets, and from selling any envelopes en-
fitting the holder thereof to prize or
blank.
The defendants are the owners Of fancy
store, wherein pictures, chrOR0s and Jew
elry are ratified by way OF envelopes con
tanning a number, emitting the holder
thereof to such article in the store as cor
responds with the number obtained by the
purchaser.
Judge Hawkins granted the Injunction as
prayed for, upon plaintiff giving bond in
the sum Of $1,000, conditioned as the law
directs.
State of Louisiana ex rel. John Klein We.
A. Dubuclet, State Ireasurer.-This Is
petition for a mandamus to compel pay
ment of various and sundry warrants
drawn by the State Auditor, amounting in
the aggregate to $39S9. The State Treas
urer is ordered to show cause on saturday,
the eighteenth instant, why the mandamus
should not be made peremptory. John
Ray for petitioner.
L. f. Duffy VS.. Louisiana State Lottery
This is petition for an injunction restrain
ing the Louisiana State Lottery Company
from paying the prize won by ticket with
Nos. II, q and 60, or GO, "A and IL, class
No 29j, which won prize in this lottery of
$3.50, until the right of petitioner TO an in
terest in said ticket be adiudicated.
Braughn & Buck for petitioner.
Thirty four State tax suits we're filed in
Tlfs court yesterday by the Attorney Gen
eral mainly against companies and corgoT-
ations.
Second district Court.
The following is an extract of the reasons
Cor Judgment on OppOsitiOns TO provisional
and final accounts presented in the success
sion of Jean BOuvet by Widow j. Bouvet,
natural tutrix of her minor children. and
as such administering the estate OF the dee
ceased:
The first creditor whose debt is 20 be
paid by preference over all other claims,
charges and privileges. except expenses for
sale out OF the proceeds of the real estate
herein, is Mrs. Van Rooten. She has the
highest right and privilege. the vendors.
The cash proceeds of sale OF real estate and
improvements thereon sold 10 AdOlphe
Bernier amount to $3.50 Hence, after de.
Quoting the amount of State and city taxes
paid on said property sold, the tees and
commissions of the auctiOneer TO effect the
sale, the plan made for said sale. the fees of
the experts appointed 10 appralse said
property Tor the purposes of said sale, and
the clerks cost relating to said sale. the
whole amounting to SD and placed on the
account. and not contested; the balance.
$ll20, must. in my opinion, be affected to
the payment'of the claim aforesaid by Mrs.
Van ROOten.
There remains $lO79 -. therefore. more
to be distributed.
Net proceeds Of sale OF contents Of store
No 7 Carondelet street, per prQces
NJ. verbal Of 81 S3 hs colc, nv W IN; So: -
.SlVi9 70
Out of this fund believe that the widow
OF the deceased, for herself and nine chill
dren, is entitled to receive the homestead,
it having been admitted in open court that
they are in necesstous circumstances.
The claim Of the widow and children to
the homestead was opposed on the trial of
this cause on the ground that their privi-
lege had never been recorded. . 1t is said
that il Is therefore lost
If the homestead could be considered as
a privilege, there Is no doubt that the failure
to have it duly and properly registered
would be fatal to TIE claimants; bat the
homestead is not a privilege, in the sense in
which that word is used in our jurispru.
dence.
1t was not classed in our old tFuqua's)
'SlHI So'lS dLlOHS pIIN lItStS' NJ iutuLlOu
was made of it in that code. 1t has in |
Rays Revised Civil Code been intelpolated,
II lis true, among privileges. See under article |
1852. But this does not constitute the |
homestead privilege.
Privilege is a right which the nature Of !
debt gives to a creditor. and which entities |
him to be preferred before other creditors. |
even those who have mortgages. Civil! |
Code, 2lSG.
Privileges can Sc claimed only for those !
debts to which it is expressly granite. in |
this case Civil Code. 3!S,
The succession owe. no debt, properly |
speaking, to the widow aud children. They /
are nos creditors of :hc estate. Hence |
fhey have not privilege in the sense in |
which che word is used in the Civil Code |
and under the definition OF the word quoted |
above. The homestead is a little bounty. |
as stated by Judge SpotiOrd in the case Of |
succession of Foulks. i. A. 81. which the |
Legislature intended 10 secure to the indi. |
gent widow and to her children. And it is |
nowhere IN law called q mortgage and privs |
ileEe. This bounty or portion OF the estate !
primes al! privileges. except that Of the |
vendor. And | am of opinion tina. it is not |
that it should be recor.e! as Is |
required for privileges.
The SUGGESTIONS OF Levi &. Whitney and |
andrew Allison have been opened in this |
court.
ADJUSTMENTS