New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-06
COUBR RECOD.
FRIDAY, FEBRUARY 5, 1875.

COUD3 R1COaD.
FRIDAY, FEBRUARY 5, 1875.
United states Supreme Court.
No. IA Hampton 70. Rouse-Appeal from
the circuit Court of the Cnited States fol
the Southern District q Mississippi. Mr.
Justice Clifford deliveroh the opinion, hold.
ing that where it appeared that an agent Of
the owner OF lands applied to the proper
officer to redeem them from sale of taxes
on the day for redemption, and the officer
told him he could not be allowed to do 90
on that day, it was error in the court to
take from the jury the question whether
this conduct prevented the redemption and
to tell them that unless che money was
actually rendered the right to redeem wss
gone. Held also that the legal title of q
bankrupt to real estate 10 not Invested by
bankruptcy proceedings until an assignee
is appointed, and that until that time q
right to re deem from tax sales was in him.
Reversed.
Superior District Court.
PETITIONS.
The petition of Abraham Hayem repre-.
sents that IN compliance with an adiudica.
ton made on the - day of January, 1875.
he became the lessee Of st. Bernard and
SVA0RAAN AAoA AOV9S 0uU tu6t UPON 0l0
petition to the Common Council the Pile
Market was transferred from J. Michel. the
original purchaser, to him, all of which
appears by copy of the lease annexed; that
according to said agreement he deposited
one-tweltth cash for each market, and for
the balance of said leases he OK.
ecuted ten .promissory notes for each
market. making an aggregate of thirty
notes, Endorsed by various parties a. sure
~l~AA ~
notary public, me varietur" to identify
them with said act of lease; that the notes
given for st. Bernard Market were indoreed
BY Jean Berth, each for the sum of $500;
SOrapuru Market, 1896 IL: of the Pile
Market by Martin Lowney for $5l6 IS;
these notes are in the possession Of the city
Of New Orleans, and, according to the
terms of the lease, these notes were intended
to be held by the city in order to preserve
the purity OF contract and obligations as.
sumed respectively by each party: that petit
Of each note to plead equities existing be-
tween the parties: these notes are payable
on demand to the Mayor and his successors,
reserving the right to the city to reject Pc
titiOner on failure to pay any of said notes,
expressly implying tho obligation on its
part to remain the holder Of said notes;
petitioner believes aud alleges that it is
tho intent and purpose Of the city
to dispose of or negotiate. or place
parties, not parties to the contract or lease;
that petitioner would suffer great damage,
wrong and injury by such disposal OF said
notes, as the maker and securities of them
would be liable to their full amount to the
owners thereof, even though the city should
dispossess your petitioner; that this was
not risk contemplated BY the securities,
and the creditor has no right to do any act
by which the obligation Of sureties would
be increased: that petitioner will suffer by
said act of disposal OF said notes damages
exceeding $1,000, unless the city is restrained
BY injunction; wherefore it Is prayed that
the CITY, through its Mayor, be cited, and
that each and all Of the Administrator be
enjOined from negotiating. transferring or
disposng OF the notes to third parties, and,
after due proceedings. Injunction be made
with relief, costs, etc. Iniunc-
ton issued as prayed for.
The petition Of j. H. Keller represents
that he rented to the Board OF Public |
month, at $llO per month, 3 building known |
as No. - of Keller row, on Magnolia street; |
le is DESTROYS of Terminating said lease and
'etake possession of the premises; with
hat end IN view he served upon the board,
through it's proper officer notice to vacate |
he same at the expiration of the month of |
January, the monthly term commencing on |
he first and ending on the last day of each |
month. and that the board has not delivered |
possession on this amicable demand; where |
ore he prays for judgment decreeing him |
ntitled to the premises, and the board to |
eliver the same, with costs. and general
elief
EXCEPTIONS.
State Of Louisiana ex rel. the Mississippi |
nd Mexican Gulf Ship Canal Company vs..
he Mayor aud Adminisfrators.-l.T That
he Intervention filed by J. Q. A. Fellows
J not allowable in proceeding for man
anus, :. The pending contest having only
Z view the execution OF certain final judg.
1enrs i'll reference to the drainage tax Of
he first, second. third and fourth drainage
ections of New Orleans, an intervention
viii hot Ea. 3. IntecvenOr has disclosed no |
lterost in defeating the reliet demanded in
ho petition for mandamus. 4. In the
rayer OF intervenOr's petition no iud gment
J asked Tor which the law can sanction
lther In this or any other proceeding;
therefore appearers pray that the interven-
ION may be dismissed at intervenors' cost. i
REFUSED.
In en- insurance case before this court,
Judge Hawkins refused himself, and Judge
ullOm. of the Fifth District Court, occu-
led the bench.
Superior Criminal Court.
This court is adjourned to Monday next.
Firss District Court.
NEW TRIAL.
The rule for new trial IN the case of
Largaret Russell, accused of larceny, is con-
nued to Friday, twelfth instant.
NoLLE PRosEoUI
Assault and battery. etc.. Kearn, Jean
aquet. Thomas Courtney.
PLEADED NOT GUILTY.
Larceny-Kenduss Hampstead.
Larceny and assault and battery-E. Fl.
ruse, Auguste Myers.
CONTINUED.
Assault with intent to rob-Jacob Gles.
N ct al.
Assault and battery-Robsrt Anderson.
II. Shawhan.
SENTENCED.
ASS sult and battery-Flora Hill. one hour
arish Prison and costs; released from !
stody on bond OF $500.
Second District Court.
SUGGESTIONS of Celna Wells and Peter
,chs opened.
Marie Louise Toledano applied tor eman-
patton.
Suit instituted-Mrs. Louisa Choult. wife
Alexander Smith, and her husband, vs.
ccession OF Patrick Halpin. Il
Amusements.
Nv yohn T. Ounrs v1ov ad u. U...y... |