New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-18
THE WEEKLY REPUBLICAN
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COURT RECORD.
TUESDAY, MARCH II, 1874.


The following decisions we're rendered
March IL, 1874:
No. 229. United States vs.. JOnes.-Errol
to the Circuit Court for Louisiana. The
government sold certain real estate in New
Orleans, and Jones became the purchaser
at $4,000. A deed was rendered him by
Everett C. Banfield, Solicitor of the Treas
ury, which was declined for want Of evil
dence of the approval of the Secretary OF
the Treasury. Thercupon the property was
put up and sold again at the risk of Jones,
and brought $2l 800 This suit was then
instituted to recover Of Jones the difference
between the price at which he purchased
and that obtained at the second sale. The
defense was that the government never had
legally put Jones in default, as they had
never rendered him a good and sufficient
deed. The court, In effect, sustained the de-
tense, charging the jury that to authorize
the second sale SO as to charge Jones, he
should have been legally put in default for
noncompliance by rendering deed made
by an officer who possessed undoubted au
thority to execute it, and that unless they
found that the deed rendered him contained
on its face patent proof that the Secretary
of the Treasury had approved and author
lied the sale, as provided by law, they
should find for the defendant. The verdict
was for Jones, and it is here maintained
that the ssle was valid under the act of
1880, which was not repealed by the act of
1863, under which it was claimed the sale
was had, and that in any case the approval
of the Secretary of the Treasury would be
presumed, the solicitor being public officer
known to the law.
No. l12. Burke vs. Tregre and Mllten-
berger.-Error to the Supreme Court of
Louisiana. Burke held mortgage on a
sugar plantation, executed by Tregre, stu
ated in the parish of st. John, and having
proceeded to fOrecl0se, Miltenberger ap-
peared and claimed title under a decree and
sale made by the provisional court for the
State. The State court tbereupOn gave
Judgment for Miltenberger, notwithstand-
ing the objection made that the provisional
court had ceased to exist before the
date of the Judgment enforced by its
decree in favor OF Miltenberger, by the
limitation of the executive order
creating it, which gave it existence only
until the restoration of the civil authority
in the jurisdiction. 1t is here cOntended
that the Judgment can not be recovered, be-
cause the condition which was to restore
the constitutional courts existed at the time
it was rendered; but if it is held that the
civil authority was not yet fully restored,
then it is argued that an order of General
Banks restraining the sale OF any property
on execution or other process OF law, until
the expenses incidental to the cultivation
and effect, and rendered the proceeding
void.
United States Circuit Court.
David Stern ct al. VS.. Charles Clinton ct
al; j. L. Macauley VS.. same.-Arguments
continued.
Superior District Court.
Crescent City Live Stock Landing and |
Slaughterbouse Company VS.. p. &. Mont |
gomery.-Plaintitf alleges that defendant, |
in violation of the charter of the company, |
has landed at other places than those of the |
company, ninety nine beeves, intended Tor |
slaughter or sale in the parishes of Orleans |
or Jefferson, and claims damages of $3.50.
Fifth District Court.
vERDIcTs.
State VS.. Andrew Walker. - Larceny.
Guilty.
State vs.. William Henry. - Larceny
Guilty.
State VS.. Francisco Azure and Armantine
yacinthe.-Larceny. Not guilty.
SENTENCED.
State VS.. John Thompson, alias Petrie.-
and entering store in the night
line, and larceny. Verdict, guilty of lar
,eny. Twelves months in the Penitentiary. |
State VS.. James White.-Larceny. Six
months in the Pemtentiary.
Sec0nO DIstTiCt NOuTts |
SUGGESTIONS of Jean Pujo alias j.
Leconome and William IL. Turner.
Opened.
Fourth District Court.
Adjourned to Wednesday.
The following petition has been filed:
Caroline Burkhardt vs.. John Jennine.-
Damages of $500 claimed for calling plain
If a lewd and abandoned character.
Fifth Distriot Court
Judge Cullom has rendered the following
lecision:
l.. Bacon Burke VS.. l.. 7. Power,
samuel l.. Dixon, ct al, intervenors.-
The plaintiff alleges that he is the owner
II certain movable effects on the premises
numbered l35 Washington street, and for
merry on the premises numbered l5S Fourth
street, In this city, consisting of household
enumerated in a bill on file as |
part OF his evidence. He alleges that at
he time this bill was made and sale thereof !
passed verbal agreement was entered
INTO between him and the defendant,
Power, that the latter should have the
light OF redeeming the same by reimburs-
ng to petitioner the said sum of $3.50. ,
which he had advanced Powers, February
i, 1873, as the price OF the said effects, I
That Power was to reimburse him on or
'efore April 25, 1873. Power gave his note {
or that sum, payable ON that day, and
lated simultaneously with the act Of sale. ,
lie did not pay it at maturity, and Burke ,
ook another note for the same sum, dated |
April 25, 1873, and payable twenty-ffth of |
lay, 1873. 1t wac not paid, and Burke
lad it protested for non-payment. Power
fterward paid the interest and cost of ,
protest, whereupon Burke again extended
he time of payment of the note to Sep
ember Ia. 1873. Again the note was
lot paid, and again it was protested for
after making amicable de-
nand. The petitiQnar praYs for a writ of