New Orleans Republican., 1875-11-30

Vanderstraeten ct al, appellants.
Fourth District Court. See No. 4335. De
fandant's right to sue for repairs reserved.
Judgment remains undisturbed.
No. STA. William Durbridge vs.. Job
Smith, appellant. = From Fifth District
Court. The record is incomplete by fault of
plaintiffs attorney, who did not return doc
uments to the clerk His motion to dismiss
denied.
No. 5662 J. A. Howell vs. sheriff ct al,
sppellants.-From Fifth Judicial District.
On rehearing. 1t appears the court had
jurisdiction. Injunction dissolved with $lOO
damages.
Justice Howell recused.
BY JUSTICE MORGAN.
No. $3.50. State ex rel. Nicholas Schmidt
vs. Joseph Rau and sheritf.-From Second
Judicial District. Relator should have sp.
pealed from the judgment dissOlving his in
junction. Rule dismissed.
No. 5629. Succession of Walter o. Winn-
From parish of Rapides. Appeal sustained.
Former judgment reversed. Decision of
court below reversed. Judgment for plain
tiff, and destituting Mary E. Richards from
the Office of executrix.
. No. 1886. Albin Rochereau, appellant, va.
Charles p. BObb ct al.-From Second Judi
cial District. The seizure and sale gave
title to Rochereau au and the property was i'm.
properly duVortleou rs Guo SUCCESSION OF
BObb. Judgment aunulled and injunction
perPstuated.
No: 1882. State OK rel. William Durbridge
vs. F. j. Pratt ct al. appellants.-Fiom
Sixth District Court. The ground from
which this action springs was fund
created for the purpose OF corrupting and
improperly influencing members of the
Legislature in their action on a matter of
legislation then before them. We will have
nothing to do with it. Appeal lisIliss-a
No. $3.50. City of New Orleans vs. Robert
j. ker, appellant.-From Superior D.. rict
Court. The defendant Is not sued for a
license as notary public, but for his income.
Judgment affirmed.
No. 4i67. G. Henshaw g. Sons vs.. David
Finnerty e. Co.. appellants.-From Fifth
District Court. No answer had been filed
by defendants and no default taken when
the interrogatories were taken as confessed.
There was no issue joined. Judgment an
nulled and case remanded.
No. 1894. City of New Orleans vs. J. X.
Fitzgerald, appellant.-From Superior Dis
trict Court. See city vs.. Finnerty; same
vs. Trumbull Judgment affirmed.
No. 57S5 Jean Porte vs. Pierre Gour-
giant, appellant-From Sixth District
Court Motion to dismiss denied.
No. $751; Mannheim Bsrwin vs.. Factors
and Traders Insurance Company, appel
lant.-From Fifth District Court. Motion
10 ulsNlss appeal reIuseu.
Superior District Court.
Henry Ellerman vs.. New Orleans, St.
Louis and Chicago railroad-Injunction
against granting by defendant of rights to
moor at whsrves leased from the city by
plaintiff. Transferred to United States
Court.
Robert Ray vs.. Antoine Dubuclet-
Prayer from +. Newgass for permission to
| file intervention and dissolve Injunction,
alleging holding $500 of warrants of equal
value with those OF petitioner.
Superior Criminal Court.
INFORMATION.
Robbery-C. H. Shelly, from Pauline
Gautre, November l3, of sewing machine
worth $40; James Reed, from P. j. Sullivan,
November 2, of revolver worth 81.
NOT A TRUE BILL.
State vs. Charles Edgar, police officer, as.
| sault and battery on Joseph Lucien, No
vember l8.
DISCHARGED.
Charles Casiner, wounding Felice Brown,
November 20, i'll the left hand, corner of
Union and Bagatelle streets. Affidavit dis
missed.
Ferdinand Dudenheffer, indictment of
| May % for having, May 20, embezzled
| $4,000 from the Germania National Bank
nolle prosequi entered; Jacob A. Hageman,
accessory, nolle prosequi entered.
CONVICTED.
Joe Raphael, of burglary, September %,
at the house OF DR.. j. Holt, No. 457 Baronne
street, and larceny of baby carriage and
case OF stuffed birds.
First District Court.
PLEADED GUILTY.
Assault-Ssrah Colbert, Pat Conners,
George Lew, Riley Coleman,
rNFoRMArIoNs.
Assault and battery-John Burgoyne.
Petty larceny-C. Waters, Henry Scott,
Eliza Hunter.
ACQUITTED.
Robert Hall, assault with a dangerous
weapon; Augusta johnson and Charles
Lewis, petty larceny.
Fifth District Court.
Judge Cullom rendered the following de.
cisiop:
Alabama Gold Life Insurance Company
VS.. Peter Callery.-Exception that plaintiff
is not corporation; that C. E, Thomas is
not president. and has no right to sue. C,
p, ll2, 1893; c. c., 43S; II A., 277; 2lA
1888; % A., 136, 224, 254; 10 A., l4O. The
point of president must be referred to the
merits. L.. 4O5 A, 62l; Is A., 26S, 457;
l6 A., l2l; l8 A., 90, l16 Plaintiff must
prove his allegations. l2 M, 7O9; IL L.,
290 R., 5q. There is difference between
this case and Workingmen's Bank vs.. Con
verse, and that decision does not apply.
ExceDtiOne Oy0rru)ed