New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-11-07
-@r COURT RECORD. l7e'
SATURDAY, NOVEMBER 6, 1875.
Supreme Court.

supreme Court
Present-Justices Taliaferro, Howell and
Morgan.
Herman Newgass vs.. Antoine DubucIet ct
al.-Petitioner alleges he applied to the Su-
perior District Court for an injunction
against the State Treasurer, with allega-
tons that he would be irrepsrably injured
if refused; that the injunction was refused;
that petitioner appealed from the order re-
fusing the injunction, and the appeal was
urer was restrained by the er parte order
for Ray from payment of other warrants
than those of Raw that those of petit oner
are of equal rank and value. Further al
leges that the Superior District Court ex-
ceeded its jurisdiction in granting the order
to Ray, and in refusing the appeal. Writs
issued. Mandamus directed to the Judge of
appeal to be granted; prohibition forbidding
further cognizance Of the case OF Ray vs..
Dubuclet, and to Ray forbidding further
prosecution, and to Treasurer Dubuclet for
bidding compliance with the order issued er
parte in favor Of r. Ray. The Judge of the
Superior District Conrt is ordered to show
why this order should not be enforced.
Francois Lacroix ct Ell. vs.. the city of
New Orleans ct al.-Petitioner alleges the
offer and refusal of petition against the
drainage tax; that an injunction was re-
fused, and the clerk refused to file the petit
ton, and that an appeal was not allowed, on
the ground that no appeal lies from an
order refusing an injunction. Mandamus
commanding the granting of an appeal and
the filing of the petition by the clerk granted;
| the sheriff prohibited from taking further
&C ton, and cause ordered shO wn November
Is.
State ex rel. Pierre Gourgette We. Sheriff
| Waggaman.-On motion of plaintiffs coun-
| sci, and showing the order had not been
| Ohauad Ordar iaanQl N rnafnrQ
nine days for answer being allowed.
Adjourned to November Is.
| superisr District Court.
| Herman Newgass VS.. Treasurer Dubu-
clet.-Petitioner alleges he holds warrants
for the Charity Hospital and the Returning
Board for $4,000; that the revenue of 1874 is
now beng paid into the State treasury; that
r. Ray has obtained an Injunction against
the payment of any other than the claim he
equal validity and rank, and should be paid
equally with those Of Ray; that the prefer
ence given to Ray works an irrepara1le in
Jury to petitioner; that it was without notice
and without bond; that petitioner has an
interest in contesting the claim of Ray, and
his preference is contrary to the THIRD
amendment of the constitution of Louisiana
Injunction refused. Appeal from the order
OF refusal denied.
superior Criminal Court.
NFoRMATIoNs.
Burglary-Taylor Harris, alias Zach Tsy
| lOr; two cases.
Burglary and grand larceny-Taylor Har
ris, alias lack Taylor; two cases.
Carrying concealed weapon - Henr,
Smith, John Rowman.
NoLLE PRosEQUI.
Perjury-State VS.. Mary Peales. The cas-
! was tried on Thursday, November a. and
mistrial entered-a Juror having suddehl
taken sick. The District Attorney, fro1
the evidence produced, and from the fac
that eleven jurors were for an acquittal, Ell
terered nolle prosequi.
Fourth District Court.
Harriet Curtis vs.. Mary Deserts.-Habea
corpus. Petitioner claimed custody G
minor children, Sardis Dexter and Loui
AdOlph, by marriage with Michael Rogers
They had been placed by him in the boy
of defendant. 1t appears divorce ha
been granted and the children placed i
J charge of the father. Writ refused.
Fifth District Court.
t N. A. Delerno vs.. Mr.. and Mrs. Ca
penter.--Astion on a lease OF August 8
1874, which expired December 81, 1877.
The lease is unintelligble id the light @
! plaintiffs allegations and prayer. The rul
is for ejectment, defendant excepting O
various grounds, all being overruled exceI
that of jurisdiction. The authorities cite
| do not sustain the exception. G. G. 27l3
) suffice ntly explicit. The defendant hs
had notice to quit. The case ls with til
plaintiff against the husband. Exceptio
overruled and judgment for plaintiff fl
possession against defendant.