New Orleans Republican., 1875-11-17
COURT RECORD.
TUESDAY, NOVEMBER 16, 1875.
Supreme Court.


Supreme Court.
State of Louisiana vs. Charles Clinton,
Auditor, and Antoine Dubuclet, Treasurer
Williams e. Guion intervenors on bonds of
Vermilionville railroad. Arguments con-
tinued to November II.
State We. Andrew Lewis-Muriier. Parish
of Rapides. Ordered TO be transferred from
Rapides to parish of Orleans.
Thomas Abel Garrett, Esq of the parish
of Ouachita, was admitted, after examina-
tion, to practice in all the courts of the
State.
Superior District Court.
State OK rel. B. T. Yates vs.. Charles Clin.
ton.-Mandamus issued directing that re-
lat0r be. treated as tax collector of the
parish of St. James.
City OF New Orleans, praying for homolO-
cation of drainage tax.-Cause to be shown
November % why the mortgage against
Warren j. Delmas should not be cancelled.
City of New Orleans vs.. w. S. Benedict
from $4,000 to $500.
Citizens Bank vs.. Jean Sarran.-Suit on
$50 shares Of stock and stock loans for
$l43l.
Same We. Peter Martin.-Stock, thirty-six
shares; suit for Sab.
Same vs. P. A: Fronty.-Stock, fifty three
shares; suit for S6S9.
DuuO Nss GtAcsb utpiu.-otOChs clRubl-
three sharee; suit for 1851.
Same VS.. P. H Montgomery.-Stook, nine
ty-four shares: suit for 5000.
superior Criminal Court.
INFoRMATIoHs.
Carrying concealed wespon.-Alber. How
ard.
Assaulting police ofiicer-Henry Cooper
assaultiDg. October 30, Officer j. Garlick,
corner of Magazine and Erato streets, and
at Pecanier station.
NOLLE PRosEQUI.
False imprsonment-Otf G, F. Will
son, imprisUning Carrie Santimore on the
seventh of October.
Grand larceny-Virginia Lewis, convicted
November Tor stealing from James Dillon
Hales on the thirtieth of May last. $3.50.
Motion tor arrest of judgment sustained,
and prisoner reman0ed.
BAIL REDUCED.
Grand larceny-Daniel Green; bail re-
duced to $500.
SURRENDERED.
Stabbing with dangerous weapon, etc
Michael Delaney, who cut q young girl
named Johanna Sullivan in the throat on
the twelfth of August last, at the residence
of his parents, corner OF Baronue and De-
lord Streets surrendered by his surety, and
remanded.
ACQUITTED.
Breaking and entering store, etc.-State
vs. John Augustin, alias Frank Paul, Edw.
Bermudez, Tom Lewis and Hugh Early,
alias Sherry, charged with breaking and
entering the store of Henry Pretus, on
Elysian Fields, between Goodchildren and
Love streets, in the night of the twenty.
seventh of May last. No proof of entering.
First District Court.
Selma Matthews, of petty larceny.
PLEADED GUILTY.
George Harris, of entering store in the
night time, etc.
SENTENCED.
Ernest Anderson, mule stealing, one year;
Gustave Harris, petty larceny, one year:
Ike Williams, petty larceny, one day.
Second District Court.
Succession of Thomas Clyne opened.
Catherine Dorr, Leontine Gilmore, David
A. Shlenher and Laura Titus pray to be
emancipated.
Judge Tissot has decided the following
case:
Succession of John X. Elgee.-Opposition
of Bacon ct al. The opponents charge that
Elgee never filed final account. He filed
several accounts, the last showing balance
of $4,000 in his favor, in 1861 Proof is
'ditficuls from the destruction of the Rapides
courthouse and Elgee's house by fire, with
parol evidence. Green Ev., 500; l2 NJ. 53l.
The judgment of homologatiOn of 1861 is
conclusive on the opponents; l3 A., ll3; l2
A., 337; IA A., 23l; 20 A., Ill. The crop of
1861 is included; that of 1862 was probably
carried away by the federals as enemy's
property; it was in an exposed situation
and disappeared on the federal advance in
1863; it was liable to capture; 9 Wal, 49,
i20.
If the crop of 1862 was sold to the Con
federate government in view of it's being
doomed to loss, it was the dictate of Provi.
dence. He may be obliged to account for
il. 1t is impossible to state what amount
may have been received. If at twelve and
One-half cents per pound, Confederate
money, its value in legal currency would be
two cents per pound, and kels0's estate
would still be ID debt to this estate. Elgee
can not be made liable as an insurer of this
cotton against the torch of the Confederates
and the capture of the federals. 1t is not
to be assumed, in spite of the evidence and
the common experience, that this cotton
could have been preserved for a great
period of time cafe from the perils of war
which swept away with such few ex-
the contending forces, and that it
could ultimately have BEEN sold for
the extraordinary prices asserted by op-
ponents. The actual value is the measure
of damages, even if there was a wrongful
conversion. 3 A., 10 7 A., 4SS; 2 A., 81. As.
sessing the value at $22, 500, Confederate
money, worth only ten cents on the dollar.
and giving credit against the succession of
KelsO for $4,000, there is no just liability
against the succession. The crops of 1868
were inconsiderable. The sum of $50 900
for rent during the war when such property
could have no rental value is unfounded.
They can not claim the value uf the crops
made on the plantation belonging to the
succession, and demand the rent of the
place from the executor. The demands are
inconsistent.
think that this estate is under no obi
cations or liability to opponents, and that
the opposition should be dismissed with
costs.
Let judgment be accordingly entered
herein, and further approving and homolo.
eating the account filed in this succession.