New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-11
COURT RECORD.
FRIDAY, DECEMBER 10, 1875.
United States supreme Court.

The following were decided Decomber6:
NO. 49, Beanregard aud May VS.. Case, receiver
Ia error to the Circuit Court FOR the Dietricf of
Louisiana. This was the action of Case receiver
of the First National Bank of New Orleans to re.
operators of tie New Orlesn ns and Csrrollton Raj.
road Company. upward of 1923; 900. alleged to have
been overdrawn from the bank on their account
The questions were whether there copart-
nershp formed between Beauregard aud the other
defendants by the agreement made between them
1Or tine operation Of the road so rs to make him
jointly liable for the partnership deb before their
advances weIe reimbursed; whether, If a CO.
partnership was thus created and Beau
regard became from its commencement
Jointly liable with the other defendants, the in.
debtedness Of the oopartDersh to the bank was
ness at the time. of the bank to May and whether
the verdict should have been against the de fend.
ants lolntly for the whole sum claimed, instead OF
severally against each for one.thrd of the amount
as found, The court find that there was an ordi-
nary partnership formed under the law of Louis.
lana by which Besuregard was bound. aud that,
under the statute the verdict against each for his
third OF the debt, which still existed was correct.
No. i9. Carey ct al. VS.. Brown-Appea from the
decree OF the Circuit Court for the Dstrict of Lou
isana.-ln this il is held that where the euit
is brought BY the trustee TO recover the trust
property, or to reduce it to possess on in wise
is unnecessary TO make the latter parties and that
this is the settled rule OF ,muity pleading and
practice. Ga the facts OF thtSSs-s-,--- d that
Inc doctrine CONDITION precedent contended for by
the appellants, can have no application. Affirmed.
supreme Court.
state ex rel. Mrs MeuX VS.. Judge of the Fourth
Distllrt Court and Mis-. virginia Burke, admins
tratrix.-Rule fixed tor Decsm Der l3.
superior District Court.
Germans Nat onal Bank We Crescent Steam
FIRE Engine Company No. 24-lntervenor and third
opponent Ferdinand Oudeuhefer alleges owner
chip of notes sued on and asks Do Sses sion.
A. Il P. Roberts ys New Orleans, st. Louis and
Chicago railrosd-Sult on ten notes, amounting
10 $685. IS.
State rel. Germaris Insurance Complnv IS.
Germania National Bank.-Petitioner, as sgen. of
stock, ana asks a nlHulamQs to compel defendant
to transfer 1t.
State ex rel Louisiana Levee Company vp. Charles
Clinton.-Rule to show cause December IL why a
should not be issu 4d for 900 tor funds
in the hands of the Treasurer which relator en-
Superior Criminal Court,
NoLLR PKosEQUI.
Rohh3ry-State We. James Dsnahue, charged
with robbng George Peters of s. 50 worth OF
cakes.
Burglary and larceny-Mara Washington.
BoSp FORFEITED,
Carrying concealed weapon-Ffank BailleE-
geon.
,g StaheinS wo4ndipg ETC. & VI with intent to commit
nurder-State VS.. j. '" WARD, Robert Harris, R.
:. Dennee, james Kahn charged with sta blng, on
the .ixth of Nav 1875 N Il pa rish of St Bernard
Capt ain a. F. WIld.-TAe Indictment was filed No.
judicial District, parish of st. Bernard, and the
case transferred TO the parish of Orleans, on mo-
ton of the Attorney Gen, rail-
Judge St ele issued the following order:
The defendants, John W. Ward Robert Harris,
| James Nam HEu X. \. Dennee, IN pei IN being
placed at the bar of the court, attended by C. a.
Lnzenberg Esq., of counsel; comes the At
tnrney General who pr Isecutes TOR the state, and
thereupon the motion to quash the second count of
the aores said Indictment having been submitted to
and considered by the court for the orally
| ASS gned both counts of the aforesaid indictm Mt
were quashed and said Indictment vacated and
set asd. Aud it was ordered by the court that the
| said defendants j. W Ward Robert Hanis James
| kain ana R. $. Dennee, be held in custody to a1-
swer such charges as may be brought against
them by the Second Jud cal District Court of the
". hH Ebarih Of tha frfu1
| ina Court was aHd is hereby authorized TO release
| the defendants Robert Harris, Jsmss Kai and r.
each III the of $4,000, with good and solvent
security, conditioned as the law directs, for the
appearance of the said Robert Harris, James Kahn
| and S. Dennee before the .coud Judicial Dis
tlct Court OF the parish of st; Bernard, whenever
| notified, The said bonds TO be accepted and ap-
proved by the said sheriff, or any OF his lawful
| deputies ~
In his decision Judge Steele ga d: "The second
count OF this indictment which reads And tue
aforesaid grand Jurors etc, do further present,
that at the time OF the commission of the aforesaid
felony TO wit on the sixth of May, 1878, as aiore
said one Robert Harris, one F. McShea one James
Kahn one R. IDenuee and Samuel Gamege,
all late OF the parish of ST. Bernard, did procure,
counsel, command, aid and abet the said John W.
Ward IN the commission ard perpetration of the
aforesaid felony. contrary to the form etc. is bad
for uncertainty. Ii is not a count charging these
defendants as principals, because there is no slle
cation that they were present aiding and abeting
at the time OF the commission of the felony
charged.
1T is not a count charging the defendants as &C.
tend to charge that they procured, coCnse led or
commanded the commission of the felony before
it's perpett The oest proof of its uncertainty
is, that while the Attorney General claims it TO De
a count, charging them principal the ATTORNEYS
assoc ated with him in The prosecution hold that
1t 10 count against them as accessories before the
fact.
The trst count must also fall to the ground for
the reason that the constitutional requirement
that the crime was against the peace and dignity
of the State was omitted"
Bail WAS furnished, and the case with copy of
the order and bonds ordered to he sent to the
Second Judicial Distr CT Court for the parish OF ST.
Bernard.
First District Court.
State Sam Austin,-Petty larceny. Nous
prose qni entered.
State VS.. James Meslion n-Petty larceny and ob.
tainlsg money under false pretenses. One month.
Fourth District Court.
]. L. H. @ Rodgers vs. John RAJ moud-Judg-
ment for S97s
Edward Thompson We. q. Observation-Disclosures
for defendant.
Fifth District Court.
G; N. Bayey ct al. VS.. Paul Fourchy ct al.-on
trial.
John Gueydan VS.. Q. n Terrebonne ct al-Pe-
titioner alleges that defendant and about twenty
well known gent emen and commercial firms have
Nbeled him by calling his place of business bar.
rel house, and induced John II. Moore, sergeant
of police, TO make an affidavit August 28 1875 on
which petitioner was put in jail, and claims 80.
900 from each and every one OF them"