New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-26
COURT RECORD.
THURSDAY, MARCH IS, 1875.

All courts have adjourned to Saturday,
March 81. Friday being dies non.
United states Circuit Court.
Presentation. w. B. Woods, circuit
judge.
North German Lloyds va. Commissioners
of Observation-Disclosures issued restrain.
ing and prohibiting the defendants, the
commissioners of immigration, from exact
or passenger landing at this port who shall
be found to be either lunatic, or idiot, or
dumb, blind or manned person, or who from
account OF illness, or being over sixty years
Of age, or a widow with child or children, or
a person unable to take care of himself or
liable to become q public charge, until
further order Of the court.
IN CHAMBERS.
State of Louisiana VS.. Myra Clark Gaines
and city OF New Orleans.-On motion for
injunction restraining Myra Clark Gaines
from proceeding under an execution from
this court against the city of New Orleans,
and now in the hands of the marshal for
the purpose of selling and selling the bat
ture lands of the city.
Judge Woods said he considered the
property vested in the city for public uses,
and not to be diverted without the consent
of the General Assembly. Without that
consent the city has no right to decide
whether more accretiOns have been made
than are necessary. The act Of 1853 does
not give that consent as it applies to that
portion of the city front where the batture
is in frOnt0f private property, and allows
the proprietor to take action against the
city to compel it to set of so much as is not
needed for public use.
Motion allowed and Injunction issued.
Superior District Court.
State vs.. Richard Taylor.-Arguments
finished and case given to the jury.
Superior Criminal Court.
CONTINUED.
State Va. Alexander Newton.
killing of Justin BOurndonnay on the even
ing of the first of September, 1874, at the
corner of Canal and Royal streets. Inde-
initely.
State VS.. L. H. Kallage--Arson-sett
fire to his residence. To April 10.
SENTENCED.
Officer Joseph Soulie. false imprison-
ment. s. or five days.
ON TRIAL.
State vs. Lou Dudley Wheyland-Con-
tinued TO Saturday, 10 A. NJ.
Second District Court.
SUGGESTIONS of Marie Alexis and Jean
Michel opened.
Fourth District Court.
Aug. Coutourie & Co. vs.. Merchants Mu-
tual Insurance Company.-Judgment for
plaintiff for $l642 "a.
Fifth District Court.
Judge Cullom rendered the following
decision:
Small & Co. vs.. Cambon s. Co., suit for
$497 70; Cambon & Co vs.. Small & Co.,
suit for $l97 Sl.-Transferred from Third
District Court. The transfer operating un-
is admitted by the unconventional demand,
though also established by evidence. The
question is on the certainty of the
unconventional demand. 1t is we'll
established that Mr.. Perault did. with
the consent of Small g. Co.. interest
himself in the delivery of two cargoes of
produce to them. That they received and
sold them, realizing the customary commits
sions thereon. 1t is also shown that while
had had some understanding with them
respecting his remuneration for influence in
their behalf for controlling the cargoes. 1t
is also shown that Perault had had some
understanding with another house, he testi-
tying that he was to receive Une-half COM
missions for return brokerage on the same.
Up to this point the evidence is clear enough,
but from 1T 1t DIVORCES. The house that
Perault says was to have given him one
half per cent, etc., denies making such
proposition, but says it was willing to pay
him. Perault testifies that Small & Co.
assured him, when he informed them that
he had been offered One-half cent by the
other firm. that if he would give them
lSmall & Co.. the cargoes in question, he
should not lose anything. 1t is on this
assurance that he makes his unconventional
demand. Small Il Co. deny having made
such proposition, stating that they were
the customary consignees of the owners of
the cargoes, and therefore had a right to
expect them. The services OF Perault were
availed of, but the evidence is inconclusive
as to their value. There is no evidence
before me that Perault could not have con-
trolled the consignment, while it ia shown
that Small & Co. accepted his services in
procuring samples, ETC., so as to insure the
delivery Of the produce. think, therefore,
that they should pay him. 1.-The laborer is
worthy of his hire . ST Luke oh V Z.