New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-29

placed with the New Orleans, Mobile and
Texas Railroad Company, the successor, as
aforesaid. Your orator. charges that this
payment was made With moneys arising
from the incomes, tales, profits and estate
aforesaid, pledged in the deed of trust
hereto attached, and which were properly
applicable to the payment Of the interest
due in January, 1875, and that the shares of
stock are the property of the corporation
come under the control and disposition of
the orators and trustees; orators charge
that said certificates of stock are deposited
in the Bank Of Mobile, and stand IN the
name Of the defendant, the New Orleans,
Mobile and Texas Railroad Company, or
same officer of the same.
Orators complain and say that these Ger.
tifoates Of stock have not been delivered to
them under the resolution of the board Of
directors as herein set forth; but on the con-
trary resolution has been passed to have
an election OF directors January 30, 1875, in
this city, and the defendants, Thomas H.
Hunt and John B. LATTE, have received
proxies to vote for directors at the said
election on the said stock. Orators claim
to have the said certificates of stock, and q
transfer TO them for the purpose of fulfill.
ing the trusts of the deed Of trust they have
exhibited to the court as part of this bill,
and aver that no other person or persons
can properly represent the same in cor
porate meetings and elections Of said cor
poration.
To the end, therefore, Of obtaining the
property aforesaid. and the exercise Of their
powers and faculties under the said deed,
orators have brought this BILL and that the
defendants may, ii they can, show why the
relief hereby prayed shall not be granted,
and that they shall not surrender the stock
aforesaid to orators, they pray that the
defendants may severally answer according
to the best and utmost Of their knowledge,
remembrance and belief, all Of the allega-
tons of this bill and the interrogatOries
annexed; and orators pray that the court
may decree the said shares of stock in the
Pontchartrain Railroad Company. being
7llS shares. as part of the property
described and conveyed in the deed
of trust, and be placed in the
name Of orators as trustees under
the same, and to be disposed Of according
to its terme; and that an injunction be
granted against said defendants from dis
posing of the said shares Of stock in any
manner, or voting upon the same at any
election. or from representing or controlling,
or using the said shares, or in any manner
interfering with orators permanent title to
the same, and to control and represent the
same in all corporate elections and meet
ings; and that the election to be held Jan.
uary 80, be not held, except with the ac-
Acknowledgement Of orators right and title
to vote and represent and vote as owners
thereof under the deed aforesaid.
Orators pray that all dividends declared
and to be declared on the same be paid to
them, and that such other relief be granted
as is consistent with equity and good con.
science and the matters set forth in this
bill.
Orator prays for writs of subpoena and
other suitable process, according to the
rules and practice Of the court.
ADJOURNMENT.
Tomorrow Judge Woods will adjourn
this court. and will proceed to Austin,
Texas, on Saturday morning.
Superior District Court.
PETITIONS.
The following petition was filed yesterday:
TO the Honorable the Judge Of the Superior Dis.
trict Court for the Parish OF Orleans:
The petition of the Louisiana National
bank Of New Orleans, banking association
and body corporate organized and created
in accordance with the laws of the United
city of New Orleans, respectfully shows that
it is q Taxpayer and large creditor of the city
Of New Orleans; that under the law the said
city is now required to pay in cash it's quota
Of expenses for the Metropolitan Police as
appears by the act of 1874, No. 80; that
the city has paid all that is due to
the Metropolitan Police Board; that not
the premises, certain holders
Of Metropolitan Police warrants are claim
ing that the city of New Orleans must
receive said warrants in payment Of the
market revenues and licenses due the city,
and which should be paid in cash. that the
petitioner has a pledgeagainst the market
revenues for the payment of it's debt; that
if said parties, and particularly the lessees
Of the markets Of New Orleans, are per.
mitted to pay said Metropolitan warrants
70 the city as they now claim right to do
and if the city is permitted to receive said
in settlement for what is due
rom licenses and market revenues il will
be violation of law and prejudicial to
petitioners rights, and the petitioner will
ion Is requested to prevent the Admins
ratOr of Finance from receiving said Me-
warrants in payment al aforesaid.
Wherefore, in consideration Of the prem
SEES, and Of the affidavit hereto annexed,
md Of the bond to be furnished, petitioner |
,rays that writ of Injunction issue direct. |
d to the city of New Orleans and Edward |
oilsbury. Administrator of Finance Of the |
ity of New Orleans, prohibiting and enjoin- |
in payment of licenses, or of |
'romissory notes furnished by the lessees of |
he markets of New Orleans for the rev.
nues of said markets adjudicated to them;
hat said Administrator of Finance, Edward |
'ilshurv, and the city Of New Orleans be |
tied to answer hereto, and after due pro-
ceilings that petitioner have Judgment in
Ia favor, that said Injunction be made per-
etual. with costs aud general relief.
Injunction was issued as prayed for on
ond of $1,000.
JUDGMENTS.
Joseph Holz VS.. Louisiana Levee Com
for defendants. Holz
laimed S3297 G6, with interest from April
0. 1873.
Louisiana Savings Bank and Deposit
Company VS.. Cyrus Bussey.-Judgment for
laintiff for $l2,527 60, with eight per cent
Or annum from January 4. 1872, until paid.
inject to tie following credits: March IS,
s73, $63l0; April 2, $500: April "a, 1873,
1898; together with costs of protest and
lit. Defendant incurred these obligations
J president of the Mexican Gulf Ship
anal Company.
Fifth District Court.
Judge Cullom rendered decision of
hich the following is an abstract:
Temple s. Coons We. Joseph Fell Kendall.
eter Fell Kendall, father of the defendant,
minor, made q promissory note for S2500,
tutor, payable in one year at eight per
mt. He signed and Endorsed as tutor. 1t
as secured by AM act of mortgage. 1t was
dicially admitted that the making of the
,te and mortgage were authorized by a
mily meeting and judgment of the pro-
tie court. The evidence showed that
endall borrowed $500 of plaintiff and
,ecuted his personal obligation for 500.
ne note. now sued on, was left with plain
I as collateral security. The minor, there
re, really never was benefited by the note !
its proceeds. The provisions of the law
it'll respect tp minors must be enforced:
srnard vs.. Vignaud, N. s., g.. Persons
alinn with N in IA int L