New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-11-12
COURT RECORD.



Superior District Court.
Randall 7. Mcconnell VS.. New Orleans,
st. Louis and Chicago railroad-Suit on
five months notes, dated April 6, 1875,
amounting to Sl9l6 %.
superior Criminal Court.
PLEADED GUILTY.
Assault and battery upon police officers
John Lewis. May 20, on Officer Diner ::
John, alias Yellow John. October |, on
Officer Gibuey; James O'Brien, November
3, on officer Hezean.
ACQUITTED.
Observation-Disclosures Rohrbacher, charged
with killing his brother, Charles Rohr-
bacher, on Saturday evening, September
IL, 1875, in front of the residence Of de
ceased, No SO Sixth street, BY hitting him
with a brick in the chest. The coroner's
jury in the case had returned verdict
that deceased had been killed by person
or persons unknown to the jury, when the
accused was tried before Judge Adams
upon an affidavit made by police officer
troiu information received, and sent before
the Superior Criminal Court under $4,000
bonds. The jury Brought in verdict of
not guilty, after having been out about five
minutes.
SENTENCED.
Assault-John, alias Yellow John; James
O'Brien, ten days and costs. or ten addi-
tional days in case of non-paymeut of costs.
Crime against nature-Jose Como, con
victed, October l6, of having committed the
above crime June 10, Imprisonment in the
State Penitentiary for hte.
TRUE BILLS.
The grand jury, through the foreman, A.
A. Woods, ESD, presented the following
true bills:
L. Forging and procuring to be forged
certificate of public officer. >. Publish
ishing as true a forged certificate OF pub
lie officer. James Wood and w. +. bar
ham. Three charges, for having forged.
etc, on January 9. published on June 70,
three certificates of redemption Of land,
seized for non-paymeDt of taxes. Bail
fixed at $1,000 in each case.
Williul and corrupt perjury-James Wood,
two charges, viz: /. Having sworn false he
fore p. L Burke, deputy clerk Of the SUI
periOr District Court, on September %,
1875, in the case of George William Ran
dOlph VS.. +. L. Dumas, State tax collector,
that said plaintiff had paid the taxes for
1879 and 1873 upon the property then IN
der seizure), and had received a certificate
of redemption from he Auditor. .. Having
sworn in the same court, on August 81,
1873, in the case of James Wood We. B. F.
JouUert, tax collector, that he, Wood, had
paid the taxes for 1873 upon the property
then under se:znre) and had received his
ceI titicate from the Auditor. Bail fixed at
$500 in cash case.
Embe Observation-Disclosures Durant. embez
cling, on October /, $500 from Bertrand
Abade.
NOT TRUE BILL.
Willful and corrupt perury-Robert Har-
rls, charged with perjury on the fourth of
First District Court.
vERDlCIs.
Petty larceny--Joseph Fernandez, mis-
trial
Assault and battery - George Meyers,
Bertha Meyers, not guilty; Elizabeth Mey
ers, Sandy Rice, guilty.
Second District Court.
William j. Dolin prays to be emanci.
pated.
Fifth District Court.
n. A. Delerno VS.. Mr.. and Mrs. Carmen
ter.-Since preparing the written opinion,
which has been read and filed in this case,
my attention has been more particuarly
directed to the effect of reconuuction of a
lease, where no specified time for it's CON
tinuance has been agreed on. The cases re-
ported in r.. at page 262; An, page IL;
9 Any, page 352, and II An, page t:}, are
directly in point, and are almost a repetition
of article 268j OF the new Civil Code. which
declares that
"If the renting of house, or other edi.
flee, or of an apartment, has been made
without fixing It's duration, the lease shall
be considered to have been made by the
month"
In the case of Bowles vs.. Lyons, 4 n,
262, the court held that where one has
leased house or room for fixed period.
continues in possession for week alter his
lease has expired, without any opposition
from the lessor, the lease will be presumed
to have been continued at the same price
and on the same conditions, but for no par
ticular period, G. c.. $50, and undsr article
2655 G. C., he will hold by the month
and can only be expelled after the tif
teen days notice required by article 2656,
and can quit the premises only after giving
a similar notice 10 the landlord. At any
time within week after the expiration Of
the lease the tenant may be expelled with.
out notice, or he may leave in like
manner" | perceive that l fell into
the error of concluding that the recon
duction of the lease necessarily renewed it
in every particular, unaffected by the ar
WINGED that the decisions above referred to,
together with the article of the code, do
mo lily the tacit reconduction so as to give
1t effect but for one month. In this view
OF the law the exception should be sus-
tanned and the former opinion of this court
reconsidered and set aside. For if the
lease can endure but for one month under
The tacit reconduction, the price is less than
500, and therefore this court is without
jurisdiction in the question of the eject
ment. The exception to its jurisdiction ia
sustained, as far as it relates to
the ejectment feature.