New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-19
COURT RECORD.
MONDAY. MAY Is. 1874.

IUOnI n6CVAOs
MONDAY. MAY ls. 1874.
United States Circuit Court.
United States vs ". J. CrniKshank ct aL-Con-
splracy and murder. On trial
Supreme Court.
Present-Ail the Judges.
Tuesday the court Will adjourn to Friday. On
that day it will read decisiOns and will sit every
dav afterwsrd until the end of the term May 80.
week OF November.
The following decisions were rendered:
aY CaIKS JUSTICE LUDELISd.
No. 347l. State ex rel. H. C. Warmoth James
District Court. The Auditor refused to pay the
warrant of the Governor for his salary, on the
ground that ne was was absent B from the state Arti.
establish the grounds for the substitution OF the
Lieutenant Governor. The meaning is such in:
ability to perform the duties of Governor as would
affect injurionsly the interests of the State. A
residence at Pass Christian, Ouly few hours ride
from the capital Is not such an absence The
Governors absence should be made manifest BY
some public record. 1t is q matter of his discre-
tion, subject to the approval of the people, 1t was
ernor should be watched, so that the Lieutenant
'iJvernOr or Speaker of the House should sh into
n's e. seat: at Judgment M il affirmed. w cxe,ra
appellants.-From seventh District Court. Jude'
nent annulled by reducing the amount claimed to
No. sls4 John Ray. appellant VS.. John Halliday
Prom Fifth District Court The answers of the gar
nishee being cstegorical and full, and the attemPt
No. AGA. Bertrand Saloy vs. Pedro B. Brule, ap
pellant.-from Sixth District Court. Judgment
No. 46oi. Allen I. Bowie ct al, ys. Davidson B.
Penn, appellant.-From Sixth District Court.
Judgment a1 affirmed fiji with ten per cent damages:
ct ais. appelants.-From Second District Court.
Suit on an open account. The evidence showing
Acts 1853 p p. i5s; c. C., Sa7s Judgment reversed
No. 1853. Mrs. Margaret A. Silliman vs.. Short 4
Martin ct al, appellants.1fiom Fourth SlstIict
Martin unless he assumes the debt, to be proved
BY written evidence. Act Of 1888. sec. 3 p. l4a G.
G. 21oe No such evidence being produced, the
No 5Oss. state va Theophile Monte and Joseph
Pontaine, appellants.-FrOm Fourth Judicial Dis.
trict Appeal from q conviction of cutting and
| striking. etc. The acmissons Of Fontaine were
proper evidence, but inadmissible against Monte.
Monie
No. 1898. John A. Walsh VS. city Of New Orleans,
appellant,-Frcm Sixth District Court. Suit under
contract for S 10 1884, The city surveyor swearing
the work has not been performed according to
contract the judgment in favor Of plaintiff Is re.
No. 1924. Charles Morgan va. George Lombard ap-
pollant.-From sixth District Court. Injunction
restraining defendant from fencing, etc. the pas
solved. The alley way is not q public thing" and
has never been dedicated to public use. Judgment
No. 1888. Cooley and Phillips, appellants, vs. P.
Esteban ct a-From Seventh District Court. The
signers of the agreement for pay for professona al
services hand themselves personally. Judgment
reversed, the psintifs to iecover SlOO, the de
feEdants having Judgment against the Butchers
No. 4385. George Merz vs. dalie Peyroux. appel.
lsnt.-From Seventh District Court. Judgment for
$3.50 affirmed.
No. 35l2. Philip Dopf Vs. Conrad Green, appel
lant.-From Sixth District Court. Action for
value Of horse hired to defendant, which died the
| night it returned. There is no evidence it
1 WAS the fault of the defendant, Judgment re-
versed.
| len,.-From Eighth District Court. The evidence
| is that Myers and Miller intended to deiraud
Meirer. Judgment amended BY adding $50 per
| month from September l, 1870, till the dairy be
delivered to plaintiff, or the price paid.
| No. 49l6. Succession of Fanny Barrett from
Second district Caurt The Judgment IT, that T. The
| ia, 81; A., 224. Judgment affirmed.
| No. slas. Citizens Bank Mrs. A. ". Walker
Judgment ordering seizure and sale affirmed.
| No. 343l. John B. Howard vs.. William Durbridge,
| appeanu-From Sixth District Court The court
will not aid contract for $4,000 for professional
| services when it appears questionable. Judgment
| No 1861. Joseph Schrempf Louise Boisel, an
| pellant. From Seventh district Court. Judgment
| affirmed.
BY JrsrICR TALIPRRRo
| No. 4-68 State ex rel. T. WhartonCollens. appel
liant VS.. Charles ClintOn.-Rel 4tOr was elected
Judge of the Seventh District Court and served till
| the court abolished by act of December IA
X.
for his salary to March 81 1873, alleging the act
! be unconstitutional and was refused. There y ere
| went into effect The Legislature has the power
to increase or decrease them, under article eighty
three 1t is express aud special so far as relates tt
| these courts The G. neral Assembly chose to es
| tablish the Seventh and Eighth courts, and ther
| to abolish them. creating third, deemifg sever
the number REQUIRED by the ciiy: The arti.le , tina
| mean the Legislature can not deprive him OF 1t
| Judg dgment affirmed.
| Field.-From Fifth District Court. The exception
that plaintiff had authority to sue was properly
| overrulod. 2l A., 73l; % A., 32l. ESQ. Judgmen
| d'sallewing interest was erroneous and i
No 33l7 william Mithoff VS.. August Bohn, appel
lant.-F.om Fourth District Court. Jndgmen
No 3l2a. Kennett & Bell VS.. Union Irsuran c.
Company, appellant. Sixth District Court
! This case turns entirely Oh question OF fact
No. a435 Joseph spetere VS.. sevano Caesar, ap
pelant-Flom Seventh District Court. Judgmeu
No. 4Sso Noble & Woods VS.. Joseph O. Theard
appellant-From Seventh District Court. Juds
No 1881. Caroline Richardson appellant. vs.
r. Chandler and sherff-From Sixth Distric
Court Judgment affirmed.
No 34I3 George Wood VS.. Phoenix Mutual In
surance Company, appellant.-From Fifth Dstric
Court The exception of res judicata should hsv'
| been sustained. Judgment reversed.
| No. 4494. Mrs. Henry TriCOu vs.. G. W. Lewis, an
pelant-From sixth District Court. Judgmen
affirmed.
| No, 3464 Alexander Duthii, appellant, vs. G..
Bsncker.-Prom sixth District Court. Judgmen
of S2989 SO ,oT p aintif affirmed.
| No. 53ll. State rel. T. MicOu, VS.. judge Secone
Distrct Court-Mandamus to transfer case o
Micou vs. Benjamin to the Fifth District Cour
NJ 5Sl7. K. K. Washington VS.. Mrs A. C. Nixon
appellant From Eighth District Court. Suit TO
attorneys fees, the lower court giving judgmen
for S 1910. Fifty. dollars was enough. Judsmen
No. 1928 Baroness Pontalba vs. Samuel Powers
appellant.-From Seventh District Court. Jude
ment of s $l015 affirmed.
No. $3.50 A. Rochereau VS.. Martha A. Cation, az
pellant.-From Fifth District Court. There wa
clearly no transfer of the note by Rochereau. an!
the handing Of $1,000 by Roberts, Mrs Cation
agent, must be regarded ss payment. Judgmen
No. 5ie6 L. II. Gardner appellant vs. J. J. Nj
| Daniel & Co.-From sixth District Court. Whe
the defendants drew the bill they believed it woul
| be honored and were entitled to practice. Part
Bills, SS2 L., l26; 1s La $40; A., 1856; 20 A.. 4;
Judgment for defendant affirmed.
No 52O9 Mary Malady VS.. William Malady, ar
| pellant-From Fourth District Court Judsmen
reversed.
| BY JUSTICE HOWELL.
No. 1914 Mrs. Azama Leigh VS.. Knickerbocke
District Court. The note for the premiums wa
due May, which was Sunday. and the note wa
not then payable till the eighth The insured q dis
policy refer to the yearly notes, and not those to
| a part of the premium. No reference 10 made
hours int 10 the % notes Judgment ra airmef; xcxann.
| appellant.-From Sixth District Court Judgmen
ordering seizure and sale under G. r, $50, al
| firmed.
| No, 1890. Bather's Benevolent Association vs.
King Cuter-The motion to edissOve the yinjunt
| tion, restraining defendant from prosecuting TO
! professional fees, should have prevailed. No oan
| ages should have been given in dissolving 1t o
the merits. Judgment amended accordingly
No. 3l22 state VS.. James 5. Herring.
| Eighteenth Judicial District. Judgment on vel
dict for wOunding less than mayhem, affirmed:
No. 35O7 City Of New Orleans. appellant, vs. Me-
| Orleans Mobile and Chattanooga Railroad Con
| nany.-FrOm Fourth District Court. Restored t
docket, to be fixed IN November.
No. 434O Citizens Bank vs, J. Strauss, sppe
L ~. n. N nf Iudrmanf