New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-27
COURT RECORD.
THURSDAY, MARCH 26, 1874.


lana and city of New Orleans intervenort
Arguments continued.
Henry Weisenbach ct ais vs. Sanitar
Excavating Company The petitioners, owe
fifty in number, allege an attempted inter
ference with their vested rights as vidan
geurs and their private rights as citizens, b.
conspiracy on The part of the corpOrator
OF the defendant company; allege an aggre
gate prospective damage of $4,000 an,
pray tor an I'M junction.
First District Court.
PLEADED NOT GUILTY.
Larceny-Katie Shannon.
Embezzlement-E.J j. Conner, Peter Het
son.
WOunding, less than mayhem-Lavini;
Wilson, Henry White.
Perjury-Eiiza Edmond.
Assault and battery-Lizzie Scott.
TRUE BILLS.
Assault, etc.-Samuel Taylor, John Don
ahoe.
Trespass-Thomas Green, Jerry Wiley
Henry Marceln.
Obtainining money on false pretenses-
John jones.
Perjury Thomas H. Duffy. ia mes Gala
CHER, Mrs. Duffy, William Matte, George
Duffy.
NoLLE PRosEQUI ENTERED.
John p. ShOrt-Obtaining money unde,
false pretenses.
P. p. Sary-Assault with a dangerous
weapon.
State VS.. Henry Ray alias Johnson
Burglary. Guilty.
State VS.. John Gilmore. - Larceny
State VS.. William Ward. - Larceny
Guilty.
State vs. Henry Tollman.-Assault with
a dangerous weapon. Mistrial.
second District Court.
SUGGESTIONS Of Richard Jones and Joseph
Baumgartner opened.
Thomas p. Borden prays to be emanci.
pated.
Fourth District Court.
The following were filed:
State ex rel. Milton Robinson VS.. l. w.
PattOn.-Petitioner alleges illegal cOnfine-
ment in the Parish Prison and prays for
writ of habeas corpus, which is issued, re
turnable March q, at 10 A. NJ.
Alfred, ourdain vs.. FredericksOn g. Harte.
Petitioner, under the civil rights bill,
claims $500 damages for refusal to sell to
him glass OF Vichy water by defendants.
John +. ClermOnt VS.. John O'Neil.-Same
cause of action and amount of damages
plaintiff having been refused glass Of
beer.
Fifth District Court.
Judge Cullom rendered the follow ing de-
cisiOns:
Charles Zapata vs.. Jean Berthen.-Piain-
tiff bought 275 hides Of defendant and
shipped them to New York, defendant
stating the tare would be no more than
eleven per cent, ten to twelve per cent
being a fair estimate. Inspection in New
York showed tare of about twenty
and three-eighths per cent, and being dam
aged the hides were sold for twelve cents
instead of twelve and three-quarters cents
Twenty-Five or thirty of the hides were ex-
amined by plaintiffs purchasing agent and
found sound. Another agent superintended
the packing. Defendant was not present
and did not select the public weigher.
Plaintiffs own agents put in the salt and
sand that did the damage. Defendant had
nothing to do with the increase in the tare.
There is no proof the hides were unsOund
the part of the defendant. Articles 1917
and 2547, relating to artitce on the part of
the vendor, do not apply, because all that
is complained of is the result of plaintiffs
own conduct through his agents. Judg-
ment for defendant.
j. b. Weller VS.. w. w. Carre.-The Pc
titioner is the curator of one o. II. Brockle-
bank, deceased. who lived in the city of
New Orleans and practiced his profession
of dentist. On his books were tornd certain
entries of charges for dental services per-
formed by him for Mr.. w. w. Care, and
others for work done for Mrs. Care,
amounting to the sum of $673, for which
the petitioner herein asks Judgment with
costs.
The defendant denies any indebted ness,
and AYERS that his wife is separate in pro-
perty from him; that there exists no COM
munity between them and that he is in no
liable for her debts. The evidence
shows that these parties entered into an
contract, by which it was
stipulated that their property
and liabilities should be and remain sepa-
rate, and that neither should be responsible |
for the debts of the other This agreement |
was entered into March 26, 1862, before |
Robert j. ker, notary public. The evidence |
futher shows that DR.. Brocklebank was a |
gentleman of scientific attainments in his |
profession, which he practiced and studied |
con amOre. Coupled with his scientific |
skill were some eccentricities which are
to some extent in his style of |
expression in making the entries in his |
books. His charges were considered extra
VACANT in many instances, but his integrity
was never brought in question. 1t Is in |
proof that both Mr.. and Mrs. Care visited
his office for the purpose of having their |
.eeth operated on. The doctor made
,harge for each and every visit, and
t was from his books that the curator
made up the amount herein sued on.
Che court referred an examination
If the books kept by the decedent to
Hessrs. James S. Knapp and j. A. DeHart,
wo we'll known and popular surgeon den.
lists of this city, who reported that they
ound, from an inspection Of the books of
Dr.. Brocklebank, that w. w. Carre had
lad work done to the value of $40, and that
irs. Cares bill amounted to $lOl. The
oh %1o< Ia fho ri |
making these bills Mr.. Care paid the de-
eased $75. This sum paid all that appears
" the report of the above named experts
0 have been owed by Mr.. Care. AS she
vas noe made a party to this proceeding, |
nd as she is separate from her husband in
III matters relating to property and liability
or contracts, it is evident the husband
an not be held responsible for her debts. |
The report of the experts is hereby homolo !
ated and approved. and that no Judgment
an be rendered against her herein. There
lust be judgment for defendant, with a ;
OF plaintiffs right to institute .
uit against and to recover of Mrs. Carre ,
he sum of $l0l. which the experts report
8 being due by her to the estate of DR..
I
l.. H. Gardner g. Co. VS.. Levasseur ,
Co-Defendants owed plaintiffs $456S 81.
une 80, 1873, they represented they could
My pay One-t third AID gave seven notes of
nat date payable to petitioners at their t
,unting house, who surrended the first
cries of notes except one of $4,000 81 now
led on with the balance. The defendants 7
id not pay the new notes and plaintiffs
eek to recover on the old. Defendants
'convene for $4,000 damages for illegal q
'izure, plead that the notes are not due, a
ere settled by the new note and have h
cen novated and extinguished. NOvation s
'quires valid obligation to operate on, : :
. c. 2lS6, which must be extinguished,
~, and new debt substituted for the r
d one. SlS9. ser. Ii. ia not nre- | @