The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-27
THE COURTS.
UNITED STATES COURTS.

UNITED STATES COURTS.
There was little or nothing transpiring in
the Federal courts this morning. The United
States District Attorney has lied number o!
suits against the old and well known firm OF
Rareshide & Macs, for some trivial technical
violation of Custon-House Warehouse Bonds.
but outside of this the docket is fat, stale and
improbable.
In the District Court the clerks are pursuing
the Micawberian theory and anxiously await
ing the arrival Of some fat salvage case and a
judge to try it.
SECOND DISTRICT COURT.
Chas I. Dugazon, of the firm of Rochereau
d Co., has filed before Judge Tlssot petition
asking for the Introduction of Mr.. Julius Levy.
The petition sets forth that the firm are the
creditors Of Levy in the sum Of SITE, for
which amount they hold a mortgage on Ger
tain property in the Second District, and that
the said Levy is totally unable to transact
business, by reason of his being incurably in
sane.
The defendant is now an occupant OF the
city insane asylum, and is said to be past all
hope of recovering his reason, The appoint
ment of a curator nd hoe is asked for to take
charge of the affairs of Levy
The following SUGGESTIONS have Just been
opened in this court: Marie l.. Beebe, Mary
Burke, Adolph Himmel, Jaque Henri Thier-
~, auOlput Dupit, IL. anu JdiilcS a. W IL
lard.
FIFTH DISTRICT COURT.
very interesting suit has been filed in
this court, by Mr. p. G. Holt, who resides in
Louisville, KY, against w. F. Witherell of
this city. 1t appears that Holt, on the 9th
Of June, 1874, obtained judgment against
Witherell for about $1,000. His attorneys,
after diligent Search failed to find any prop
erty to satisfy this judgment, because, as is
alleged in the petition now filed, Witherell,
with the intention of defrauding his creditors,
had suit filed in which he was defendant.
1t is alleged in this suit writ of seizure
and sale was issued, and certain property of
Witherelrs sold to satisfy what Holt alleges
to be fraudulent debt The act OF Ia-rt-
gage upon which this order was base,, &C
cording to Holt, was a simulated contract,
and had no legal existence, and was entered
into solely for the purpose of covering up
Withcrelrs property from his creditors.
Appended to this petition are interrogato-
ries on facts and articles to Witherell requir
ing him to answer under oath whether the
transfer and the suit referred to were or were
not purely fictitious.
AS this case involves some of the most deli
cate questions Of law. its course will be
watched with considerable interest.
Judge Cullom this morning decided IN the
case of Toussaint SauX VS.. Jean Depouy Ct al,
in which the liability of indorsers was at
issue. The suit was brought on promissory
note against the indorser, one of the defend
ants, Borde, having paid the obligation. 1t
seems Depouy and Bnrde both indorsed, and
as the latter paid the obligation, he asked for
judgment against his co-indorser.
unconventional demand was filed to the
one already entered, and a question Of prac-
tice was presented for adjudication. Judge
Cullom said "that the principle that recon-
ventional demands cannot be permitted was
firmly settled in orr ancient laws and the
Code Of Practice neither contemplates nor
provides for such mode Of proceeding. The
plaintiffs petition was dismissed, reserving
the joint obligors their respective rights
against one another.
SUPERIOR DISTRICT CoUGT.
Before Judge Hawkins yesterday, and con
tinuing to-day before jury, was the case Of
Mrs. Ellen Murray against the Pontchartran
Railroad Company for damages. the basis
of this suit for $50, coo is, that on the 9th OF
September, 1874, Morris Murray was driving
his bread wagon across the track on Elysian
Fields street, near Goodchildren, when the
cars unexpectedly collided with his vehicle
and killed him. The testimony had not
ended when our report closed, and the day
will probably be consumed in its trial.