New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-19
Legal Notes.

Chief Justice Waite's opinion ID the
North Carolina bond cases has been pup
lished. In one of the cases an attempt was
made to compel the State Treasurer to use
the funds of TIE State appropriated FOR
other purposes TO pay the interest on GER
tain bonds. The court refused the relief
prayed fer and the bill was dismissed. The
State had deposited certain bonds to secure
the payment Of certain other bonds which
had come to The hands Of the plaintiffs, VINO
prayed that tie bonds go deposited might
be sold aad the proceeds appEed as was
concentrated. The bonds which had been
pledged we're ordered to be sold unless -ne
State made other provision to met rs OBJ
legations in the plaintiffs possession.
In the suit for divorce OF Charlotte
Thompson against her husband, Lewis
THOMPSON, Jud &c Donahue ruled the case
out of court on motion for alimony and
expressed the following sensible views
which ought 10 govern all judges n such
cases:
The first question to be passed or by the
court is w.4ether there is enough IN The
ldCtS UOiOIC lU 20 tHdV tAC pAdLA t1E SuH
| obtain the divorce asked; if not, then in
| the exercise Lot only Of discretion, bat in
| Justice to the parties, the motion must be
| denied Il seems to me- well settled that
| on the facts presented by the plaintiff the
| final relief asked for can not be granted
| her, ana that an allowance pending the suit
! is not proper. Her complaint is skillfully
| and carefully drawn, and although she
AYERS again and again that she can not
3o1 4ha slafa I 4aD
| TO see her grounds for such statement.
| The two special acts that resulted
| in the alleged violence 10 her seem
to give key to the difficulties between her
| self and her husband. In one instance che
| insisted on playing the piano while her
| husband was at home, and insisted on hold
| ing her fingers where she knew the lid
| would come, with full knowledge what the
result would be- While taking her state
! melt 1t seems rather stretch of power on
| her husband to ask her to stop playing; on
| her part it seemed rather the exercise OF a
power of annoyance 20 thus play during the
| short time her hus band was at home, W hile
| she testifes that the largest part Of the time
| he was absent, and in his absence there was
no one to stop her playing. The book trans
| action. as told by her husband and ser
| wants, shows careful cOncealment By her
| of the causes leading to more violence 10
|
| ner to have invited violence; for what pur-
| pose she is the best judge. Ali her state
ments are denied, and she is sustained by
| none, while her husband is sustained by
| others, who show her inattention to her
| children aud her duties. The marriage
| relation is one that, in this State at least,
| the law has restrained the court from inter
fering with except in special cases, and. in
| limited divorces, only when the safety OF
| the party applying requires 1t. In this case
| fail to see necessity.
| On the facts it seems TO me that little
| restraint of temper on the part OF the
| pl aincif would relieve her from many OF
the annoyances che complains of. II is
| equally true, if her general charge should
| turn out correct, that an equal restraint by
| defendant would be of ike service. l dc
| not feel that it is the duty Of, or good judg
ment in, the court to further open the dooI
to divorce cases than it is already. If any
| want Of compatibility between parties lie te
De redressed in the courts, let it be the
| Legislature who shall make it the law. no'
the legislation Of courts. Notion denied.