New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-11
COURT RECORD.
SATURDAY, JULY 10. 1875.
. Superior Criminal Court,

superior Criminal Court.
Joseph p. Homer. Esq, presidin. 90
Judge Braughn, recnsed.
State va. A. NJ. Dupart, Loui. EveGue
alias Petit Louis. and A. J. Octair, alias
Observation-Disclosures, killing of Allen Harris
a one armed man, corner Of Union and
| Danphine streets, Angus: |. 1874. Verde,
OF jury, June -, 1875, Eveque and Octai,
| not guilty; A. NJ. Dupart guilty. Motion
tor new trial refused. Sentence Of Dupart
| S5Oo tine and ten years IN the PsEitentiary
| at hard labor. SuspensIve appeal allowed,
returnab!e first Monday in November.
Third District Court.
Judge Meunier has delivered tbs follow.
ing opinion:
State Of Louisiana ex-reis,ione L. 1.eahy
We. the third justice Of the peace fer the
parish Of O.leans.-A Application tor a writ OF
prohibition. The !elatov in this case alleges
that he is in possession, as tenant. OF the
property known as the Oakland House."
situated on the new shal! road: tina: he has
verbal lease OF said property at an annual
renta! OF $40, from TIE frs: of September
1873 to the end of August. 1875, with q pri-
vileg: OF renewal for tU" wears more from
the first of Septemb Der. 49, OF which privi
lege Of renewal said relator intends to avail
himself; that the rental value Of his lease.
together with his right to renew the same.
far exceed the sum o: SEQ. and can only be
passed upon by q cOur, OF competent ;uris.
dictioD: and should a decision adverse to
HIS rights bs rendered BY = competent tr-
bunal, he then would be entitled 10 an ap-
peal to the Supreme Court Of this State.
The re!atOr further alleges that suit has
been instituted against him in the Third
Justice Court by james Grover, Esq, who
demands his tjectlneDt from the leased
premises a. monthly tenant; that
said justice court is without Jurisdiction
rotione materiG and can not pass upon the
issues involved in said SUIT, because said re-
lator has filed a sworn declaration except
ing TO the jurisdiction OF said Justices court.
on the ground that his right to retain pos
session of the leased premises presents an
inquiry into the merits of the REALTORS verb.
al lease, which greatly exceeds any amount
within the jurisdiction OF said Justices court:
that notwithstanding the exception fled by
the relator. as herenbefore stated, the third
justice of the peace ieclir e, to sustain the
same and proposes to try the suit instituted
against him by said James Grover, his land
lord. and to determine the existence or non.
existence OF the lease which the relatOr
alleges to hold. thereby committing clear
usurpation OF jurisdiction; and the said re-
latOr prays for writ of prohibition, direct
ed to John Lemonier, third Justice of the
James Grover, prohibiting them from further
proceeding in the suit above mentioned of
James Grover vs.. r. Leahy. the ce!ator
herein.
The only question 10 be passed upon by |
this court is: Prom the proceedings had in
the lower court, does it appear that the |
third justice of the peace has exceeded tho !
bounds OF his jurisdiction." The record of |
the suit of j. II. Grover VS.. p. Leahy, to. |
gether with the docket of the Third Jus. !
tees Court, disclose the following proceed |
ings in that SUIT: June ,, 1870, j. H. Grover
tiled his petition, claiming from =. Leahy |
the possession OF the premises which he |
occupies as a monthly tenant: June 4, ex-
ception filed by Leahy to the jurisdiction o.
The court rations domiciHi, alleging that he
is resident of the parish of jefferson: June
;. exception tried and case submitted; June
y, judgment dismissing the exception: june
!, another exception filed by said p. Leahy.
alleging. this time, that the lower court is
withon: jurisdiction rationc mO,erir, and
setting up a verbal lease unit! the first Of
September. 1879, with the privilege Of hold
ng the leased premises for further term
If two years at the rent of $40 a year,
payable monthly: juno II, the trial Of the
,bove exception is fixed for the seven
consent, continued to the nineteenth in.
tan:." The proceeding, in the lower
curt had 60 FAR progressed. when.
m the eighteenth OF June, and before
he justice of the peace be allowed the OF.
,ortun!ty TO pass upon the exception 20 hrs
Jurisdiction .a'io"s moteri1. the said Z.
Ieahy applied to this court for writ of
against said justice of the peace,
orbidding the latter not only to inquire
nto the merits OF the claim OF J. II. Gro
Ter, relating to the possession Of the prem
ses occupied by the relator, but even de-
lying to the said justice of the peace the
light to take c0gniZance Of the exception
o his jurisdiction rdtionc e,ater;|. The iu-
isdic;lon of the Third Justices Court su-
lone @Gis"i1 being the matter put at issue
" the exception filed by the reator here.
D. the Judge Of that court is vested with
he authority to inquire into and pass upon
he merits OF that exception en premier res.
OFT: and his intention SO to do, or even the |
acs OF his taking cognizance OF the same,
oes not and can not legally constitute an
surpation of jurisdiction. A declinatory
reception ration. materiG. whether sworn
0 or not. whether filed in a suit wherein
andiOrd claims the possession OF leased
remises. or in any other suit, is but |
leans OF defense, and the party against
'hom such a defense is raised has certainly
ne right not only to require that hia ad-
ersary make good tina. defense under
he law, but he has also the upquestion.
bic right to prove that it is warranted |
either by the law nor by the evidence.
We're it otherwise, that is, were the sworn |
RECEPTION OF Leahy to She jurisdiction of | {
le Third Justices Court ratione matciiD to I
9 considered as legally sufficient from
self alone. and independently of any proof,
, establish the incompetency of said JUS ;
ce's court. then Leahy's exception would
perate as a judicial decree. dismissing the
lit Of James Grover. without this latter
eing permitted to be heard in the defense !
his right. Sucn a rule. if sanctioned, not {
My would make vain and nugatory the
atnte of March l.. 1855. authorizing the
lstices Of tie peace to take cognizance of 9
10 proceedings instituted by landlords
yainst their tenants for the possession of | 7
leir leased property, but would also vic. e
tie the first pr.c-pts of justice. The ale. J
atoms contained in Growers petition c
fore the Third Justices Court showing '
lima tacie case of jurisdiction, and the {
lception to the competency of said Justices t
'urt 'a'ionc Materi" being still pending I
Id NOS overruled, the Judge of that court
Is neither CON mitted, nor even attempted j
commit. an usurpatiOn of jurisdiction in b
e contemplation of the law. The applica. i
IN of the relator for writ Of prohibition, |
therefore, premature, and must be dis a
Used with costs. |!
The pipe Of peace smoked by Indians is a !
ere sham pipe. =