New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-20
NEW ORLEANS THURSDAY, MAY 20, 1875
COURT RECORD.
WEDNESDAY. NAY l9, 1875.

| WEDNESDAY. NAY l9, 1879
|
! United States Circuit Court.
Present-Hon. w. b. Woods, Circuit
| Judge.
John Clark vs. c. NJ. Dougherty.-Ver
| dict for defendant.
C. NJ. Dougher.y Va John Clark. Yer
! dict tor plaintiff OF S92l TO-
! supreme Court.
! There We're admitted by the court OF
| Tuesday to practice in all 'he courts of the
| State, Thomas Jefferson Brennan FlYnr
and John Bassich, Jr.
! The court announced it would sit all The
| week, from Monday the twenty fourth IN
| slant 70 Saturday the twenty ninth instant
! for the hearing OF arguments.
Superior District Court.
Thomas Il. VAUGHAN VS.. William Pitt
| Kellogg and Hugh j. Campbell This ca {
was originally commenced in the Sixth Dis.
| trict Court, and included among the d.
! PENDANTS Generals p II. Sheridan, W. II.
| Emory and p. t. de Trohiand. On the III,
| tion of j. r. Becky ilb, United States dis
| trict attorney, this portion of the case was
removed to the United States Circuit Court
ThereupOn was filed in the SIKH District
Court an exception to jurisdiction on the
part of the remaining defendants. W hich the
CVClb oNCiIUitu auti VIuCICi luc Case tU
stand TO be fixed for trial on the merits.
The State, through the Attorney General,
then interviewed on petition to the Superior
District Court, tiled petition in April
asserting the want OF jurisdiction in the
Sixth District Court: that the acts of de-
tendant. Governor w. z. Kellogg. were in
his official capacity, and that the State had
an interest i'll the suit, and therefore this
court was the only one to determine the
ii I
to the clerk of the Sixth District Court and
the case and papars were transferred.
The plaintiff. Vaughan, peremptOliiy ex-
cepted to the Jurisdiction of the Superior Dis
trict Court in this case. He also excepted
that the suit was brought into the Superior
District Court contrary to law, without the
consent or concurrence of the plaintiff. He
further excepted that the State, as repre-
sented by A. T. Field, Attorney General
had no interest in the case.
William Pitt Kellogg, IN the Sixth Dis
trict Court, excepted that plaintiffs petition
did not disclose whether the damage suf-
fefed was by defendant in his private
capacity or as Governor of the State. The
Sixth Court Overrnieu this.
On the transfer of the case the defendant
tiled an exception 10 petition of Vaughan
that all the acts complained of were in the
discharge of his official duty in seeing that
tuc Jtdlt was kuSudIutU, anu
that as the executive officer of the State it
was made his duty to see that the laws were
enforced and the State government upheld,
and that lie was not liable for the acts com
planned of in plaintiff Vanehans petition.
The exceptions came up together. and the
court dismissed the exception of Vaughan
to its jurisdiction and sustained the excep
tion of Kellogg that the plaintiff had no
cause OF action and dismissed the suit.
= $1,,c sI
ton Of plaintiffs counsel that he still de
clined to acknow owledge the jurisdiction OF
the court.
superior Criminal Court.
TRUE BILL.
State vs. Agnes ick.-Perury, etc.
The charge is that she swore falsely on the
trial OF BeI jamin Montegut, accused bv her
Q! stealing a watch, etc, the jury acqnitting
him.
NOLLE PR0sEQCI ENTERED.
State vs. William Ford alias Nipbs.-
Breaking and entering d warehouse. etc.
Two witnesses, and the only ones for the
for petty larceny
CONVICTED.
Doc Martin OF grand larceny.
SENTENCED.
Papita Scott, murder. Convicted. May
Ia. without capita. punishment. of the kill
lug Of Euma johnson, December r. 1870,
on Dryades street. lmprisonment for life.
First District Court.
INFoRMATiONS.
Petty larceny-Harry Williams, Tony
Duwd.
Horse stealiDg-Wiliiam Smith.
NoLLE PRosEQUI ENTERED.
Isaac Wnklnson, 1or petty larceny.
PLEADED GUILTY.
William Allen, charged with assault and
battery. was permitted to withdraw bis plea
u not guilty and pleaded guilty of assault.
ACQUITTED.
Red. alias Harrison, alias johnson, of
petty larceny: George Turner, of maliciously
;evering from the soil of another produce
hereof; Angeline Phillips. of assault and
battery; Squire Williams. Of petty larceny.
CONVICTED.
Petty larceny-baptiste johnson, charged
With breaking and entering; Moses Smith,
Nary Smith, Lally Williams and Lucy
clemens.
Fifth District Court.
Judge Cullom rendered the following de- |
.isiOn:
John Le!sv VS.. Alex. McNeil.-Plaintiff |
llleges defendant was one-tourth interested |
With W. 4. Buddendort, who subsequently |
became bankrupt, in the charter of the |
hip Samuel Watts. The contract was sole |
y to the benefit Of Buddendorf, and de- |
endant knew nothing Of it. The entry of |
he contract ia net shown to be within his |
He denies taking any share
n it. To recover one must make his claim
ertain; TO make it probable is not eutii
lent. ~, Il; 10 NJ, 4l9; IA L., ass; Is
L., 26S. 457; 10 A. l2l; II A.. POI; is A.,
9, JIG; - A, l2i; II NJ, 7l9; N. s., 1903;
, NJ 100; l. L., 800
Second District Court.
Succession of Evelina Bonvilan, wife Of
Lacassagne, opened.