New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-16
COURT RECORD.
FRIDAY. OCTOBER Is, 1875.
Superior District Court.


Yesterday d. w. Eames applied for and
obtained an injunction restraining o. s.
Burdett from performing any act contrary
to an act of copartnership. The parties
have been engaged in the sale Of mer-
| chandise and getting out railroad ties at
Lees station.
b. f. Yates, tax collector of St. James
| parish. obtained a writ ior the sequestra-
tion OF the assessment rolls of that parish,
alleged to be held and secreted by John
kerrigan in this city, these rolls being
necessary to the performance of the duties
| of his office.
Fifth District Court.
Judgment rendered by Judge Edmond
Meunier, OF the Third District Court acting
in the absence of Judge Cullom:
T.. ID. Brinkman VS.. M. Rabell-ReasOns
for jndgment.-On a rule taken against
both j. d. Brinkman, the plaintiff herein,
| and the civil sheriff, this latter having been
ordered to pay to one G. w. Borgess. the
subrogee of NJ. Rabel, the sum of $50 So,
being the balance of the proceeds of the
sale under execution of the property of said
| Rabell, j. ID. Brinkman and the civil sheriff
moved for new trial.
From the certificate of the mortgage
| office, which certificate the counsel for the
defendants on rule had reserved to himself
| the right to lay before the court, it appears
that there was at the time of the sale of
RabelPs property by the civil sheriff, and
| there ia still now, a privilege standing re-
| corded against said property in favor OF one
Thomas Murphy to secure the payment of
| a sum of $3.50 due by said Rabell to said
Murphy. The property of Rabell having
been sold by the sheriff 10 satisfy jude-
ment of Sl53 49, rendered in favor of j. ID.
Brinkman, with landlords lien upon the
same, the Selling creditor, said Brinkman,
to whom it had been ajjudicated after pay
| ing in the hands of the sheriff the law
charges, has the right, under the law, to
retain out of the purchase price not only
the amount of his judgment against Rabell,
$l53 30, but also the balance of $50, in
order to meet the privileged claim of said
Thomas Murphy.
The evidence on file further shOys that
the same property has been exposed at pub
lie sale by the sheriff on the seventeenth of
October, 1873, under writ of execution
issued in the suit of j. NJ. Armstrong, ad-
ministrator, vs.. M. RaDell ct al; that not
being sold for want of bidders, and the de-
lay within which the writ is made return.
able having expired, the sheriff made his
return in conformity to law, still maintain
ing his seizure upon Rabell's property. The
return of the writ OF tieri facias on the re.
turn day thereof does not operate as re-
lease Of the seizure of the property made
under such writ, or as a discharge of any
lien acquired by service of such writ, un-
ices tuO pIOpOEtJ 81 stlL5u 10 uulY eOlu, OF
unless the seizure be released by order of
the party in whose favor it was made, or by
order OF court The seizure made under the
writ OF execution issued in the case of Arm
strong against Rabell having not been re-
leased at the time Of the sale of this atter's
property, nor since, neither Rabell nor his
subrogee, Borges, can claim from the civil
sheriff or from Brinkman the balance of the
purchase price remaining in the hands of
this latter. Act OF 1855, No. 1879. Revised
Statutes of 1870, sections 3il4, 3il5. 3ilG.
1t is therefore ordered that new trial be
granted.
Superior Criminal Court.
NoLLE PRosEQUI ENTERED.
Robbery--Sarah Morris.
SENTENCED.
Carrying concealed weapons - leck
Smith. ten DAYS Parish Prison; Oscar ON.
burg, SOS or thirty days Parish Prison.
JURY OUT.
Robbery-State We. Matthew E. Gaiennie,
William Moran and James Drscoll; the
Jury failed to agree and were locked up for
the night.
Crime against nature-John Ginso.
First District Court.
NoLLE PRosEQUI ENTERED.
Larceny-Charles Scott.
vERDICTS.
Larceny - Washington Scales. Robert
Russell, Emma Brown, Eliza Wingfeld,
Felix Bernard, guilty.
SENTENCED.
Larceny-Charles Hood and Jefferson
Dyer, each nine months; Emma Brown and
Eliza Wingtield, each two years in Peni-
Tertiary; Washington Scales, four months
Parish Prison.
Assault and battary-Arthur Luperton,
two months Parish Prison; JEANNE Morton,
one day.
Second District Court.
Successions of Barbara Lesich, Francis
E. COrrejolles, Lackey Coulon, Henriette
CARRIE, alias Carmisine, and of Catherine
Becker, wife of Pierre Mourer, opened.