New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-12
COURT RECORD.
SATURDAY, APRIL ii, 1874.
United States Supreme Court,

OF Louisiana. Mr.. Justice Swayne dt
hyered the opinion of the court, atfirmin
the decree of the said circuit court in thi
cause, with costs and interest
No. 233. John Wilson ct al, appellants
vs.. Jesse X. Bell ct al.-Appeal from tn
Circuit Court Of the United States for tn
district of Louisiana. Mr.. Justice Clitfort
, delivered the opinion of the court, revers
ing the decree of the said circuit court
with costs, and demanding the cause TO
further proceedings in conformity with tn,
opinion of this court
The case of Catherine A. Rodd. admins
tratrix, etc, appellant, VS.. II. G. Hearth
was ordered to be reargued on the secont
Monday of next term.
Tuesday, April 7, on motion of Mr.. p
Phillips, Samuel X. Walker, ESQ.,, of New
Orleans, Louisiana, was admitted to prac
tlce as an attorney and counselor Of thit
court.
Superior District Court.
Z. w. Huntington VS.. city of New Or
leans.-Petition alleges legal services il
the Myra Clark Gaines case, and prays fol
judgment of $500.
First District Court.
PLEADED GUILTY.
Assault and battery-C. Linder.
Carrying concealed weapons-Juies Lar
| rabere.
PLEADED NOT GUILTY.
Larceny-Ilenry c. Bull.
False mprisonment-JamesM urtha.
| Forgery-Isaac Lan1erman.
| Assault and battery - Edward Marc
mOnge, Lucien Bernard, John Kreiger, Lott
| Hughes, Gallus Farmer, Susan Launy, Will
Ii am Socho, j. S. Pelee, John II. Weost.
SENTENCED.
State VS.. John Lee.-Assault and battery;
| So ID fine.
Second District Court.
SUGGESTIONS of Isidore Giraud, Reuben
Blake and Charles NJ. Heygueart opened.
Fourth District Court.
Judge Lynch rendered the following de-
cisions:
Legare S. Rodriguez va. Matilda johnson.
his wife.-Dvorce decreed in favor of
plaintiff, he to retain control Of their two
children, Harriet Celeste and Henry Crane,
aged seven and SIX years, respectively.
ST. Louis Hotel Association VS.. Z. NAL
lard.-This action was brought by the st.
Louis Hotel Association, corporate body
dOmiciled in the city of New Orleans,
against Prudent Mallard, of the said city,
for the sum of $3.50. being S. per share for
one installment OF fifty shares OF the stock
taken by him in said corporation. The
plaintiff alleges amicable demand and re-
fusal to pay
The defendant denies that he ever was a.
member or stakeholder of the association
which is plaintiff herein, or is in any man
ner liable or indebted to it. He AYERS that
he subscribed to fifty shares of twenty-five
dollars each for the formation and incorpo-
ration of an association to be styled the
"St. Louis Hotel Association" that by the
said subscription and agreement he ac-
quired the legal right to protect his interest
in said intended association, to take part in
its formation, in the discussion and adOp-
ton of it's charter, and in the selection of
its officers; that he received neither special
nor public notice Of the formation of said
association, nor of the adoption of its
charter and election of its officers, nor
was he aware Of such proceedings ;
that he wag thereby deprived of his
rights as subscriber that the want
OF notice aforesaid was in fraud, and to the
injury of his rights. and that thereby the |
subscribers to the stock of said intended |
association, and said corporation, if
it ever was incorporated, have for |
feited all claims against respondent |
on his said subscription, and the said |
subscription is null and void and of no |
effect. He further specially denies that the |
alleged act Of incorporation Of the said asso-
citation was ever approved or signed bv !
him. or by any one having authority to do |
SO in his behalf, and that he ever made, |
authorized or approved of any payment |
whatever in his name and behalf on account |
of any shares of stock in said association.
In the subscription book of the associa.
ton aforesaid is the following statement |
and agreement:
"Et is proposed to organize a Joint stock
company, with a capital Of $500 900. d. |
vided into $4,000 shares Of $25 each. called |
the st. Louis Hotel Association. for the |
purpose OF purchasing the said hotel and
keeping it on the European plan. The first
of 80 per share will be payable
on the first of June, 1871, and the balance
by calls OF s. each for each share after
notice of thirty days. published in two of
the newspapers OF this city. The hotel is
to be opened en- or before the first |
Of October next. The undersigned agree
to subscribe for the number OF shares oppo-
site their names"
The fourteenth signature to the foregoing
agreement is that OF Z. Mallard, defendant,
for fifty shares, $3.50. The agreement is
not dated. The charter of the association
bears date June l, 1871. The act of incor-
Doraticn was amended On the tenth of Sep
5ember, 1872, IN accordance with section
ISL of the Revised Statutes of 1870 The |
amended act fixed the capital stock of the
association at $4,000, divided into $3.50
,hares OF SIS each. The record shows that |
he corporation herein plaintiff was duly
md legally organized, and promptly enter
ID on the discharge of it's functions, per
orming the same uninterruptedly up to
he present time. The evidence liiscloses
10 material omission of any legal require
nent in the organization and working of
he corporation aforesaid
The name of the defendant was affixed to |
he original act of incorporation by his son, |
:. Mallard, DR., who held procuratiOn |
rom his father, then absent in France On |
he thirteenth Of June, 1871, p. Mallard,
r., paid the president of the said assoca-
ion 500, being s. per share. on fifty shares |
i the capital stock Of the st. Louis Hotel |
Association.
The subscribers to the stock of the said
ssociation adopted their charter, and pub. {
shed it during the time required by law. |
| president and the other officers were |
lected: The building known as the st.
.ouls Hotel was purchased from the Citi- {
ems Bank, some $4,000 were expended for s
8 repairs, and sum of $50 900 was ex- '
ended tor furniture. silver plate ware, etc {
here was no interruption in the work of ]
repairing the building between the time Of {
le organization and that at which the ho- e
j was opened to the public, February /, c
Si2. The defendant is shown To have taken | t
q active part IN procuring subscriptions 10 il
ne stock among his friends and neighbors, | a
nd succeeded III obtaining some subscrip- v
ons. Publications were made in yariois t
." oP'P~i III .ii0 oAiteI olate, calling at
,ntion TO the st. Louis Hotel. Those pub G
cations were made, and the dealings in re- l.
ard to the said hotel were conducted in
10 name of the st. Louis Hotel Associa-
on. There had been no general meeting
the subscribers to the intended associa.
On convened or held fer the purpose of IL
sensing or adopting the charter. Il was | c.
gned by the incorporators from time to II
me, at the convenience of each subscrb- :,
z party. There was no formal call OF the -"
bscribers to elect or nominate the first a