New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-11-22
COURT RECORD.
SATURDAY. NOVEMBER 81. 1874.
Auperior District Court.

Aupreme Court.
Adjourned 20 Monday. November 30, 1874,
when opinions will be read.
Superior District Court.
John Fitzpatrick VS.. City Of New Or.
iean..-Suit for salary. fees and expenses
as clerk of The Superior Criminal Court,
from July 7. 1874. amounting to S1Ol6 66.
City of New Orleans va. William Maybe
e. Co--Sui. to annul contract made Deem
Der 81, 1873, tor leasing of markets, alleg-
ing defendants have failed to comply with
their obligation 70 make monthly payments,
and for recovery OF not less than 1000,
for value of lease.
Joseph Holtz vs. Louisiana Levee Com
pany.-Plaintitf alleges that in suit OF Pat.
rick Clancy vs.. Thomas H. Cornell and NJ.
Frawley. Judgment for S52n7 66 was recOv-
cred; that defendants acknowledged TO
owe Cornell the amount, and paid on the
order of Clancy $1,000: that subsequently
they unlawfully paid the balance; that
plaintiff has been substituted in place OF
Clancy, and prays judgment for 1927
State Va. Charles Observation-Disclosures
against defendant for SIS 800 Is for taxes.
Superior Criminal Court.
GRAND JURY REPORT.
State vs.. James Clark-Murder: not a
true bill.
State "a. George Eugene-Murder; true
bill.
second District Court.
Mrs. E!z Abeth Sommer prays to be AL.
thorized TO sue.
Peter f. Burke prays to be emancipated.
Succession Of Jean Marie Bapponey
Eour.k District Court.
Judge Lynch rendered the following
opinion: =
Co.-Ths plaintiff filed petition to revive
a j,.Jpmen, rendered III his favor on the
fifth oi December. 1863. against the com
me-eiai firm of Rockford, Brown Il Co.,
and Sheppard Brown, Joseph IL. johnson
and Philip Rockford. the individual! mem
bere OF said firm, in sOlido.
\, 4 Bou,k, who had previously been
the authorized agent and attorney IN tact OF
said firm. appeared in court, and IN that
capacity confessed Judgment on the same
dav on which the suit was filed.
On the ,hirtielh Of July. 1853. i2S days
previous TO the date 0; said judgment, the
said Joseph H. johnson departed this life
at or near Sicksburg, ia the State OF Mlss!s'
eippi. ,.
ton OF the firm. and. OF course. terminated
the agency OF Bourk. There was, therefore,
no such firm as that Of Rockford, Brown q
Co. in existence on the fifth day of Decem-
Der, 1868. when plaintiff filed his suit and
Bourk confessed judgment.
X. A. Bourk never was the agent, repre-
sentative or attorney of any or either OF the
individual members of the copartnershlp
in question, and had not the shadow OF
right to confess Judgment against them OF
either of them Neither Brown, Rockford
no. the representative OF the deceased
Johnston, was cited by the plaintiff to de
tend his original suit, and for want OF sIch
citation the Judgment of the fifth OF De
cember. 1868. was an absolute nudity.
This court is asked TO revive that judg
ment against all the parties who composed
said firm. or their representatives. As the
Judgment never. in the intendment OF law
mad any existence. its revival is impossible
Wherefore let the petition OF plaintiff
herein filed on the thirtieth OF January
1873. be dismissed with costs.