New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-19

when the amount in dispute does not eX-
coed 500. exclusive of interests and COS ts,
except the Third District Court IN its ap-
pellate Jurisdiction"
Article l26, G. p, provides that the "Third
District Court for the parish Of Orleans
shall have exclusive jurisdiction of appeals
from the justices of the peace, and to
restrain and enjoin seizures made under
orders issued by justices of the peace for
said parish, whether the same be made
under mcsne or execution, when the value
of the property exceeds xlOO."
Taking said section 2Ul2 in connection n
with the requirement. of section 2Ol4, which
xes the minimum amount necessary to
give the Third District Court original juris-
diction in a case like the injunction brought
by Howard, l find no conflict between the
proyisions of those sections and those of
article l26. C. p. On the contrary, the sec
tiOns and tho articles aforesaid are in per
feet accord with each other, as they provide
alike that the Third District Court alone
shall have jurisdiction to restrain and
epjoin seizures made under orders issued
by justices of the peace, the article of the
Code of Practice imposing that the value OF
the property seized exceed $l00,i. e. shall
be of such amount as section 2Ol4 r. s., re-
ouires in order to give Jurisdiction to the
Third District Court in all matters except
appeals. Justices of the peace in the coun-
try parishes have power, under article ll26
Code OF Practice, to issue writs of injunc-
ton. There is no law expressly authorizing
q Justice of the peace in the parish of Or
leans to issue an Injunction, even for the
purpose of restraining writ of fieri faclas
issued by himself 1t is declared by article
1852 Code of Practice that justices of the
peace possoss all such powers as are neces-
sary to jurisdiction conferred on item, in
cases where no express provision has been
made by this CODE" This article can not be
invoked in support OF defendants theory OF
Court to issue writ of injunction in the
case referred to, because that court is ex-
pressIy deprived of the kind Of jurisdiction
to which the writ Of injunction is auxiliary,
as have already shown. lhaye, therefore,
no doubt as to the jurisdiction of the Third
District Court to issue the Injunction in
question and perpetuate the same.
The bill sued upon was for dinner to
five memers of the New Orleans press, and
was made out against one of the FIVE. with
the expectation that it would be paid by
Charles 7. Howard, for the Louisiana
Jockey Club, which, it appears, had pre-
yiouslv paid for dinners for some members
of the press aforesaid. The testimony of E.
f. Denechaud is to the effect that some
time previous to the fifth of April, 1873. the
date of the bill in question, Charles T.
Howard, who was then, and still is, vice
president OF the Louisiana Jockey Club,
dhected said Denechaud 70 furnish the.
members OF the New Orleans press with re-
treatments whenever they might wish TO
epioy the same, he (Howard) promising to
nav the bills; that under that promise of
Howard, Denechaud furnished the repast.
r the cost of which was the claim sued on
before the Third Justice Court; that
Howard promised to pay the bill, provided
it was approved by the member OF the Hess
against whom the bill was made out.
Charles T. Howard, on the other hand, en-
phatically denies that he ever made such
promises, OF ever assumed any RESPONSE
bility for any dinners or n0urishment fur
nished or to be furnished tU said press
officials; that. though he paid some bills of
the kind alluded to, he did 50 entirely as
the vice president and agent OF the club,
under its instructions; that as to the bill in
question he never promised, but refused to
pay it, whether as in his individual capacity
or as vice president OF said Jockey club.
Cross words passed between the plaintiff
and defendant IN regard to the payment of
the bill. Oenechaud soon after commenced
the suit referred to in the Third Justice
Court.
The plaintiff in that suit and the consta
BE of said court knew, or ought TO have
known. that Charles T. Howard was then
pany in this city. The office Of that COM
pany is IN central location, only few
squares distant from the third Justices
cOurt room. Mr.. Howard's place Of bust.
ness is as we'll known as that OF any other
business man in New Orleans. Eis dOmi-
cile or family residence is at Biloxi, Missis-
sippi. He is shown to be absent from the
city occasionally, but only for a few days
at time. A citstiO0 or notice Of iudg-
loft of hia nf4fpo COn1d hQ
soon in his hands. It would have been
less trouble for the constable to have
left the court papers at the Office of Charles
r. Howard, than at No. 1872 Prytania
street, even il the latter had undoubt-
edly been his domicile. 1t is not shown
that the plaintiff in this cause, individually,
has profted by tho complimentary adver.
tisements which the New Orleans press had
published IN regard tO the Louisiana Jockey
Club, go as 70 make it his duty to recipr0cate
by paying for dinners for the eulogists Of
that club out Of his private funds. Dene.
chaud has failed to establish the liability Of
Howard for the aforesaid claim. The Louisi.
ana Jockey Club was incorporated long be-
fore the date Of the bill furnished by Dene.
chau6. II the latter had provided the din.
ner above mentioned, under the authority
Of said club, the club would be liable ecr
its payment. Charles 7. Howard ID . man
Of large means; he was sued for mere
trife; nc proper citation was served upon
him to inform him of Denecbaud's demand
and enable him to make his defense; no no
tice OF judgment was given to him person
ally or left for him at his place of business,
but in hot haste citations end interrogato
ries wero Issued TO three Banking institls
tions, a. garnishees expected to have funds
belonging to him, and thus striking an illegal
and unwarrantable, if not malicious, blow
at his credit and standing as . business
man. From . careful consideration Of all
the facts ia this case / am forced to the
conclusion that the plaintiff has suffered
material injury in being compelled to en-
piOy counsel, and by loss Of time in attend
ing court, not to count the anxiety and
humiliation caused to him bv proceedings
had against him in the Third Justice Court,
through the fundamentally Of defendants
herein, and that the said Charles T. How ard
is consequently entitled to damages.
1t Is therefore ordered, adjudged and de-
creed that there be judgment in favor of the
plaintiff. and against tha defendants IN
solido, for the sum of $3.50 and costs of suit.
It il further ordered that the demand of
said William Egan, constable. as against
the said E. +. Denechsud, in warranty be
dismissed.
New Orleaass
le seems quite probable that Cong
will be compelled to again give attention
to the White Leagues Of Louisiana. The
latest intelligence from New Orleans indi-
Gates an outbreak to be imminent, and the
results OF such . movement will be very
important. The President has given warn.
in that II the threatened outbreak occurs
he will punish the leaders with extreme
rSn 20 No u