New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-02
J. Judgment reversed in favor

No. 566S. Flash, Lewis & Co., appellants
vs.. Edward Lindner.-FrOm Thirteenth
District. Plaintiffs alleged defendant pur
chased goods for cash, obtained possession
| OF them and now refuses to pay. They
claim lien but set up no ground for a
| sequestration. Judgment Affirmed.
No. $685.. Heirs of A. NJ. Hatcher. appel
liant. VS.. Marion Chapman.-From parish OF
Plaquemines. Judgment affirmed by con.
sent.
No. J590. State of Louisiana VS.. Chapman
Epps, appellant.-From Fourth District.
The record does not show defendant was
arraigned. Without arraignment there is
no issue and can be no judgment. Case re-
manded.
No. $685. Emile Droy vs. Parish of East
Baton Rouge, appe)lant.-From Fifth Dis
trict. Appeal dismissed.
No. 5607. c. L. Davis We. parish Of East Bat
on Rouge, appellant,-From Fifth District.
Suit on certain warrants and prayer that a
tax be levied to pay them. The Judgment
was acquiesced in by defendant and a tax
levied. The parish is bound by the acts of
its agent. Appeal dismissed.
No. 5672. State ex rel. William Picot ct
al We. parish judge of St. Mary.-Rule
herein made absolute and suspeDsive ap.
peal granted upon REALTORS furnishing bond
in the sum of 500 for costs.
No. SOB. State ex rel. 0. PrOyesty. dis
trict attorney, vs.. Thomas II. Hewes, Judge
of Seventh District.-Rule to compel de.
PENDANT to proceed with the trial of certain
criminals, he having Reused himself as
having been their counsel previous to as
Stunning his judicial position. r. S. 1867 does
not repeal c. P. 1923, but only changes the
degree, of relationship. Having been
counsel, our brother was right to recuse
himself. He cannot be counsel and Judge
in the Same case Rnla dismissed
No. 1858. Ambrose ct al. vs.. Dr. Madison
Marsh, appellant Fifth District.
Defendant, as administrator, obtained an
order of sale to pay debts. There were no
bidders for cash, and was, as appears by
sheriti's return, purchased by Marsh, and
by bis order adjudicated to one Simmons.
The sale is a nullity, and the jury right in
adiudicating the property to the Ambrose
heirs. Judgment affirmed.
No. 557S. Perkins g. Billin VS.. Charles
Morgan. appellant.-From Fifteenth Dis
trict. Damage for mules killed on defend
ants railroad. A citizen of New York may
be sued in State court, and he may remove
it to the United States court, but can not
plead his domicile. The negligence was on
the part Of the mule driver, who jumped
from his team. Judgment reversed in favor
of defendant.
No. 5647. P.V. g. II. NJ. Gayne VS.. Mar.
trict. Appeal dismissed.
No. 3l4O. John Anderson vs.. John Tan
neas and Wheless & Pratt, appellants
From Seventh District. Defendants coun-
sci was twenty minutes late and found the
case submitted, and the judge refused to
reinstate it as it came up in regular order.
There was no error here. There should have
been separate citation. as the partnership
was dissolved. c. p, 1913; Garnie VS.. Akin,
l Il. IA A S~0
Judgment dissolved against Pratt, other
wise affirmed
No. 1888. Mary Jacobs vs. Germania Insur-
ance Company, appellant.-From the Fourth
District Court of Orleans. That plaintiff
was connected with the firing of the prem
Uses insured is not sufficiently shown. Judg-
ment affirmed.
Superior District Court.
DIR. James Burns VS.. board of control of
Agricultural and Mechanical College
Plaintiffs petition for two months service
on contract dismissed.
Board of harbor masters vs.. L. Il. Cheval-
ley and city of New Orleans.-Rule to set
aside Injunction filed by the city attorney
Superior Criminal Court.
lNFORMATIONs FILED.
Carrying concealed weapons-Charles E.
Stone, John Byrnes, Adolph Hale, Charles
Kain, William Scott Andrew Levi, George
Stephen Promer.
Breaking and entering-A. c. Christophe
al Santana.
Grand larceny-James Gibson.
Assault, etc.-Moses johnson.
Stabbing, etc.-tred Thurman.
NOLLE PROsEQUI ENTERED.
John slaynaker-Carrying concealed
weapons.
VERDICT.
State VS.. Harriet Sypllax.-Grand larceny,
not guilty. Accused remanded to await
sentence on another charge.
SENTENCED.
Carrying concealed weapons-George
Williams, William Bell alias Nick, $50 fine
Or two months each.
Burglary-Charles Moore, seven years.
Grand larceny-Joseph Turner, eighteen
months.
First District Court.
INFORMATIONs FILED.
Petty larceny-Ovide Dollar, James Par
ker. Charles Jackson. Alexander Williams,
2. S. Buckner, James Mehan, John Williams
Assault and battery-Rose Ann, Peter
Fubacker, Eliza Clay. Mrs. Carbon and
Belle Williams.
NOLLE PROSEQUI ENTERED.
Petty larceny-Sam Ford.
SENTENCED.
Petty Jarceny-Henry Garrett.
Assault and battery-James Kelly, one
lour; Sam Robertson, one day.
Foarth District Court.
Lyman Hunton vs. Pitcher Goodrich |
Judgment for defendant.
Jules A. Blanc We. Y. NJ Pike-Judgment |
or plaintiff for 1920.
Fifth District Court.
Judge Cullom rendered the following de-
ision on motion for new trial:
w. Durbridge vs. Job Smith.-During the
ear 1873. Job Smith obtained a Judgment
n suit No. 1895 of the docket of this
curt, against the present plaintiff. On the
ixteenth day of March, 1874, Durbridge
led a petition in this court to annul it, ON
be ground that he was taken by surprise
4 the trial. That the suit of Smith w.
imself had been pending many years and
,st sight of, when in April, 1873, it was
allied up by counsel and fixed for trial.
hat the counsel who represented the said
NTH in this latter proceeding had been
ne attorney of Durbridge in his business
him his attorney in said suit No.
|, 1895. That owing to this impression he
,Ok no precautiOn to make q full defense.
nd that his Indifference to the trial was
lperinduced by the assurances of said
,unsel that it would be better to let the
latter take its course. These asseverations
le plaintiff testified to, but they were as
outly contradicted by the attorney. IL
le present suit, the jury returned verdict
lnulling the Judgment in No. IA, 395 as
-ayed for, after hearing all the witnesses .
.e argument of the counsel and charge of :
70 court.
The court is now asked to set aside the ,
,rdict and to grant new trial on the =
'ounds that it is contrary to the law and :
e evidence, and that William Durbridge
as present in court on the trial, and per. I