New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-06

ID. 600; Ayles vs.. Hswley, A, 1862. He was
mere stakeholder Judgment annulled,
and ordered that plaintiffs recover of de-
PENDANT. Rogers, $500, costs and interest
No 30l2. Samuel Jamison, appellant, VS..
j. II. POhlhaus ct al.-From Seventh DIS
trict Court of Orleans. Plaintiff claimed
be had made payment of a note in igno-
rance. not having been properly notified of
the dishonOr of q note Of which he was an
indorser. 1t his residence was here August
1863, the notice was insufficient He swears
he lived on Baronne street. His eros lex
animation showed he left the city May
1862, went into the Confederate lines, and
did not return till after the war. The notice
put in the postOf6ce was sufficient. 6 A.,
36i. Judgment affirmed.
BY JUSTICE MORGAN.
No. 296l. George W. Campbell. appel
liant, vs.. Z. A. Miltenberger.-From the
Fifth District Court of Orleans. Damages
for improperly constructed iron fence,
which having been joined together with i'm
proper material. the plaintiff saw the fence
would go to ruin year after it was COM
pleted, but did not attempt to force the
defendant to complete his contract. He is
entitled to recover the amount it would
cost TO put the fence in proper condition
when it svas discovered the material was
improper. Judgment amended accordingly
No 4742. James mcCracken, adminlstra-
tor OF William McCracken, VS.. James Madi-
son Wells, sppellant-From the Fourth
District Court Of Orleans Defendant ODE
tanned an injunction staying execution on a
judgment OF Si635 So, alleging the order
was fol greater sum than was duee that
the copy OF the mortgage was incorrect;
that time had been gwen Plaintiff took a
rule to show cause Tuesday, March 10 Dee
PENDANT excepted that the proceeding WAS
contrary to rules of court; the case should
be tried summarly on Monday; desired
continuance on account of the absence of q
witness, and asked trial by jury. which
was refused. The injunction was dissolved
and the illegal cost Of 81 claimed for the
certificate of inscription is covered by
Weenls VS.. Veutre, IA A, 267. The case is
not under the exception in c. P. 494. The
notice of trial was sufficient Jud gment
affirmed.
No. 1892. William 4. Moore IS Adolphe
Minuet appellant-From Seventh District
Court of Orleans. Judgment affirmed.
No. 4Sl4.-State of Louisiana VS.. James
Court Of Orleans. The array of talesmen
was challenged on the ground that they
were not drawn by the sheriff from any jury
box. This court is bound to presume the
lower court and its officers did their duty
If the latter did not act impartially toward
the accused, it should have been submitted
to the district judge, and was a matter to
be acted on his sound discretion. State VS.,
Burger, II A., AGA. Judgment affirmed.
First District Court.
ARRAIGNErs
State We. Sylvia Ann Gillem..-i arceny.
Plea of not guiltyo
SENTENCED.
State VS.. Richard Williams
Three months in the Parish Prison.
State VS.. Adolph Wiltz-Larcenr. FIT:
teen days in the Parish Prison
State VS.. William Davis.-E'ghs months
in the Penitentiarye
GRAND JURY.
Consultation having led Judge ibeii to
believe that his action in the case of the
State vs.. Charles Miller was erroneous, on
motion of the Attorney General, and for
reasons orally given in open court. it is or.
dered that the present grand jury be
finally discharged.
Second District Court.
Succession of Hugh McClosker opened.