New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-03
COURT RECORD,
WEDNESDAY. DECEMBER =. 1874.
United States supreme Court.

United States Supreme Court
The following cases weie argued Novem
Der ~. 1919:
Lewis rs. Cocks.-Appeal from the Cir.
cult Court for the District Of Louisiana.
The defendant in error sought the recon
veyance of certain real estate located in
New Orleans. sold under the following cir.
cums'ances: In 1850 General Anderson. as
trustee for his wife, sold certain slaves in.
herited by her from her father, General
CIinci. to Cocks for $40 800, of which he
received $500 in cash and for the balance
took prOmissory potes secured by mort
gage on the property In question. Under
this mortgage the General in 1863 caused
the property to be sold in pursuance Of
proceedings in tho Provisional Court.
and a. the safe became the purchaser
for $500. Subse buently he filed a
petition in the same court. alleging that
Cocks was still indebted to him $500 In
this proceeding judgment was entered by
default Cocks residing in Mississippi) and
certain lots belonging to him were seized
and sold 70 satisfy the judgment. which
was purchased by one IL arI for $500. The
reconveyance of the property sold to lard
is asked for on tho ground that the judg-
ment OF the provisional court was nuIlitv.
as there was no legal service and citation
in the proceeding, and for the further rea-
son that many persons were prevented from
bidding by the understanding impaired by
lard that he was bidding as the friend and
in the interest of General Anderson. The
decree was for Cocks. and the same ques-
ton is presented here. Lewis claims as a
bona fde pun chaser without notice.
Cannon vs.. city Of New O.leans.--Error
to the Supreme Court of New Orlerns. This
was an action in the name Of Cannon, as
owner of the steamboat K. +. Lee, to en-
Join the city from the collection of wharf
age. under an ordinance imposing q tax OF
fifteen cents per ton on ships navigating
the gulf or the ocean. The claim was that
the steamboat being duly enrolled and
licensed in the cOastiDg trade, under the
acts of Congress, she could not be COM
PEELED to pay the local tax The Judgment
below sustained the tax. and the question
is brought here where it is contended that
the ordinance under which the tax is laid il
in conflict with the act admitting the State
into the Union, IN that she came in under the
solemn pledge that the Mississippi, and the
navigable waters leading into it, or into the
Cult of Mexico, shall be common highways
and forever tree to the inhabitants of the
States of the Union, without any tax. duty.
mpost or toll. 1t is also argued that 1t ls
in conflict with the provisions Of the con-
stitution prohibiting State from laying any
duty on tonnage, as the tax is sealed by the
tonnage OF the ship taxed; also, with the
provision exempting vessels bound to or
from any State from paying duties in an.
others and with the provision confer ing
On Congress the power TO regulate COM
merge among the several Stateso
Superior District Court.
William }. B.han We. city OF New Or
feans.-Petitioner sued for payment of time
certificates purchased by him az market
rates. Judgment for plaintiff for go, $50 36.
First District Court.
sNFoRMATIoss FILED.
Jean +. Bonhomme. assault and battery;
Barbara Ogden, petty larceny.
NoLLE PRosEQUl ENTERED
Petty iarceny-Thomas !. Moran. Thomas
Assault, etc.-A. Wefensburg. J. ..
OConnells Augustus Richards, Nico.O Cat.
ION.
ACQUITTED.
Maria Mallory, of assault and battery.
SENTENCED.
Isaac Frazier, for petty larceny, eighteen
months in the Penitentiaryo
Second District Court.
The Introduction Of Francois l.ac:oiS is
asked.
Fourth District Court.
Ar;stide Marie VS.. L. Placide Canonge, 49,
Petitioner alleges that defendant is mana
ger of the Opera House; that it is a place
of public resort to which the public are
invited: that there was performance No,
vember 10, 1874; that he purchased for 81 so
a ticket emitting him to admission to the
parquette; that he was refused admission
and expelled becauee he was OF African
descent. and prays for $3.50 damages.
John Enpene StaeS VS., same,-Idpnticai
with Marie VS.. Canonge, except that $500 is
olaimel