New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-07
COURT RECORD.
MONDAY, DECEMBER 6, 1875.


cember l:
No. 60. John Il. Kennard, plaintiff in
error vs.. State of Louisiana ex rel. P. H.
Morgan.-Error to the Supreme Court of
Louisiana. Morgan and Kennsrd were con-
testants for the Office of justice of the Su-
quo warrantO, and the State Court decided
the case in his favor, under the "act to
regulate proceedings in controversies be-
tween persons claiming q judicial Office"
passed, as alleged by Kennard, by the
Pipchback faction then in power, nine DAYS
after the appointment OF Morgan by Pinch
back, az acting Governor, and to meet the
emergency of the occasion.
The writ Of error insists that the statute
is summary one and has deprived Ken
nard of Office without due process of law,
contrary to the fourteenth amendment, as
it denied him the right of trial by jury. 1t
is also insisted that the statute Is void be-
cause retroactive in its operation. The de-.
PENDANT in error contends that the proceed
ing in quo warranto was due process of law;
that there is no vested right in the case to
prive Kennard of any defense which ex.
listed when it was passed.
Beauregard and May vs.. F. F. Case, re-.
ceiver.-The court found there was an ordi-
nary partnership, formed under the laws of
Louisiana, by which Beauregard was bound,
and that under this statute the verdict
against each for his third of the debt which
still existed was correct
Superior District Court.
Henry w. Soares VS.. A. Dubuclet, State
Tresaurer.-Petitioner alleges possession of
and agency tor sl9,5s4 81 of warrants is-
sued for constitutional salaries; that they
are drawn against the appropriation for the
year 1874; that there have been more war
rants issued than the revenues of that year
can pay; that these warrants are entitled
TO preference; that Herman Newgass is the
holder of large number of warrants other
than for constitutional salaries and is at
tempting to obtain payment for them from
the Treasurer, and prays for an injunction
and mandsmus. Injunction issued on bond
of $1,000 to restrain the Treasurer from pay
ing from the general fund any warrants
previous to satisfying petitioners claim,
and rule to show cause December why q
mandamus should not Issue commanding
their payment.
Emile Guillot VS.. New Orleans and Mo-
bile ADMINISTRATIONS claims $50 dam
ages for the killing of his mulch COW at $50
A. M, July 9.
State ex rel. Charles Prayer We. Recorder
of Mortgages and Samuel Johnson.-Peti-
toner alleges he holds three notes. amount
ing to $4,000, of the Canal Street, City
Park and Lake railroad, dated August 80,
1875, at twelve months and secured by spe-
cial mortgage on all defendants property,
recorded August 81, 1875. That a pretended
privilege of Samuel johnson, contractor,
knOwledged by defendant August 80 and
recorded May 81, and that this is null and
void. G.. c. 3274. Rule to show cause why
this should not be erased fixed for Deem
Der 10.
James A. vignaud VS.. Bank OF America
Plaintiff alleges being depositor for years;
that November 80 he deposited checks: A.
villeman, Peoples Bank, $75 10; Dymond
L. Gardez,, National Bank, $437 81; Schnei-
der g. Zuberbier, Canal Bank, e297 42; E.
Gainet, State National Bank. $23 46; James
H. Laws e. Co, Louisiana National Bank,
$40 81; Jehn Glynn, Union Bank, e607 73;
that when these were received for cOllec-
ton the president and directors and officers
well knew the bank was hopelessly insol-
vent; that on learning of the suspension,
petitioner made haste to notify the banks
not to pay the checks; that the acceptance
of the checks was wrongful, and fraud on
the petitioners rights; that the checks and
amount due, 1854 0S, are petitioners prop
5000.
Henry SENEGAL vs.. Blood Fertilizing Com
pany.-Clsim for salaries. Judgment against
third opponents; Andre Billand s673 So,
Louis A. Lemaire Sl76S ~.
w. P. Kellogg, for State of Louisiana, vs..
Charles Clinton, State Audit0r.-On de-
fendant's bond for $279, 1888 SO received from
tax collectors, 10000 paid James Long.
street, $3.50 IS Illegally used, and $685.
$50 80 Of illegal warrants issued. submit
ted on briefs.
Michael Pigot Va. Board of Metropolitan
Police ACKNOWLEDGEMENTS sus-
tanned and suit dismissed.
Superior Criminal Court.
ACQUITTED.
John Wilson, of carrying concealed
weapons.
PLEADED GUILTY.
Joe Narcisse, of carrying concealed
weapons. Sentenced to fifteen days.
NoLLE PRosEoUI ENTERED.
Edward Blame, carrying concealed
MOTIONS.
State vs.. j. w. Ward ct al.-Stabbing,
etc. Motion to quash indictment against
Robert Harris and James Kahn, charged
with being accessories to the stabbing of
Captain A. F. Wild, in St. Bernard, May 6,
1875. Taken under advisement.
State VS.. Dan Green.-Grand larceny.
.- First District Court.
NroRMATIoNs.
Assault-Matt Carroll, Granville Taylor.
Assault and battery-Mre. Rogers, Mrs.
Robert House, Jack Thomas, George s.
Mill.
Petty larceny-George 5. Mill, Samuel
Austin, Jules Parker.
PLEADED GUILTY.
William Gaming, of petty larceny.
SENTENCED.
Philip Anderson, assault and battery, $50
fine and two months; John Fitzgerald, as
sault and battery, one day; George Rich
ardson, petty larceny, one year.
Fifth District Court.
r. King Cutler vs.. Paul Eateben and NJ.
Coig. -Petitioner was attorney of Q combi-
nation of seventy.two butchers to enjoin
the municipality Of Jefferson from enforcing
q certain ordinance. He sue1 each in the
Eighth Justice Court. Defendant, - presi-
dent of the butchers, Association, enioined
these suits. Plaintiff susSeait was not Q
solved, and the sug!sme Curt confirmed
BY this aseiaion. He - On The bond
being ah0lllhsds ths - Qeart
took jurisdistiea, aiA ~ -
ton Of psssoeiptioe -
fsndant's conduct deHN = 8 v10eu
each of the seventy-4D9} - HI
incoaaistency In. TIE H 1er3
s. 6: -; 81: :. :; |: ]; )