The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-11-30
THE COURTS.
Supreme Court Decisions.


Succession OF Michael Ross H ggerty.
City of New Orleans vs. E. V. Eastman. |
Bogart Shall VS.. P. II Foley.
Richard Baker vs. Bzrwin 4 Nathan ct ais |
Mrs. d. A. Tay lor, ct TX. vs.. Sheriff ct ais |
Citizens Bank vs. Board of Liquidation.
Chas n. Prudhomme vs.. Salamander Fire |
Insurance Company.
r. AIilliken vs.. j. B. A. Drouet ct ais. |
Judgment increased.
Thos Mcneil vs.. Peter Kramer.
J. B. Henry VS.. Meyer Goldman.
Heirs OF Jno. Slidell vs. J. B. Wander
straten.
City of New Orleans vs. r j. Kerr.
City of New Orleans VS.. ]. X. Fitzgerald.
JUDGMENTS ANNULLD.
Georgina Whan vs.. Jesse r Irwin, tutor.
State ex rel. A. A Milliken VS.. S. j. Ward.
A. Rochereau vs.. Chas. p. Bobb.
q. Henshaw & Sons VS.. David Finnerty q
Co.
By Justice Ludeling-State of Louisiana vs.
Pete Phillips 1t will be necessary to notice
only the first assignment of errors, which is
in the words following:
{" The trial and sentence was cOrdnl non jl-
dice in this that George H. Byaughn, ESD,
an attorney at law, had no legal right to act
as Judge in the trial of the accused, and pass
sentence on him; that the order appointing
| said George I'll. Braughn as Judge of the Su-
perlor District Court is null and void; section
| 10 of the Act 124 of 1874, under the authority
| of which said order SO appointing said George
Fl. Braughn as Judge aforesaid was made is
unconstitutional and obnoxious to articles
SO, 80 and 81 of the Consti tuition of the
State"
The question is: Had the Judge of the
Superior Criminal Court the right to appoint
an attorney to act in his stead, as Judge
Atocha did in appointing George Fl. Braughn
| by general order?
| 1t seems to be conceded that act No. 124 of
the General Assembly of 1874 confirmed this
power of the Judge of the Superior Criminal
Court if it be constitutional Is it consti-
tutional?
The court decides that article 80 of the
| Constitution forbids the enactment of section
10 of act No. 124. Ia terms of command it
directs the judge when and how he shall
select another to preside in his place.
Obviously this article did not confer any
power upon the General Assembly; but by
indicating precisely how and when the judge
shall select another to preside in his stead to
try certain cases, it excluded other modes of
selection and other causes; and as the man
ner of choosing judge, provided for in sec
ton 10 of act 1874, differs from that prescribed
in article 80, the said section is null and
void.
1t is therefore ordered that the verdict and
| Judgment in this case be annulled, and it is
further dccreed that the case be remanded to
| the court, qua, to be tried according to law.
wRTTs REFUSED.
State ex rel. Mrs. Nj. 4. Pike VS.. Judge of
Superior District Court.
State ex rel. H. Newgass VS.. Judge of Su-
perior District Court
| J. A. Howell VS.. Sheriff ct ais.
State ex rel. Mich Smith VS.. Jos. Rare,
Sheriff.
| JUDGMENTS REVERSED
| Widow Z. LsFranc, ec pdrte, city OF New
Orleans appellant.
Succession of Walter 0. Irwin.
| CASES REMANDED.
State vs. J. J. Daniel.
State vs.. Geo. Fitz alias Fry.
| WRITs GRANTED.
| State ex rel. Gqudators of Salamander In
surance Company VS.. Judge OF Fourth Dis
| trict Court.
| APPEALS DISMISSED.
| State ex rel. Pat l. ,ahy.
| A. L. Gusman VS.. Mrs. Mary A Pike.
S. Stlverstein vs.. VIM Durbridge.
| B. S. HARRISON vs. Carondelet Street Rail
road Company.
State ex rel. Wm Durbridge VS.. F. j. Pratt
ct ais.
| MOTION TO DISMISS ovERRULED.
L. Malthe VS.. Parish OF Piaquemines.
Mrs. A. Mcconnell VS.. John Paisley.
f. DelBondio ct al. vs.. New Orleans Insur.
ance Company ct ais.
E. B. Benton VS.. F. G. Mahan.
VIM. Durbridge vs.. Job Smith.
Jean Porte VS.. Pierre Gourgant.
Mannheim Berwin VS.. Factors and Traders
Insurance Company.
United States Circuit Court.
Promptly at ii O'Clock, Monday morning
Judge Woods opened the Circuit Court fol
the transaction of business. There were a
large number of cases set down for trial mex
week, amongst which WAS the "Two Orphans
injunction and the Consolidated Bond cases
Judge Woods, then, from the bench, said
that he had appointed committee of the bal
to draft rules for the government of the
court-the old ones being taulty-and he hello
in his hand the printed report of this com
mittee. He would therefore, order that the
same be made the rules for the Circuit Court
to take effect from and after the first Monda.
of February. 1876.
Thereupon, the Judge ordered the court t.
stand adjourned until next Monday.