New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-14

District Court. Judgment reversed. Plaintiffs to
recover 3 l52 In gold.
Home Mutual Insurance Company.-From Fifth
Di,ti ct Courl. Judgment reversed. Plaintiffs to
| No. 3697. Perez Betancourt appellants, We.
Louisiana Mutua, lusrrance Company.-From
| tiffs to recover 6 ll52 in gold.
No. SAIL. Frederick Kuntz. appellant, va. John
Baehr. From Second Judicial District Court. The
sa,e Invested all Plaintiffs rights Of homestead
which should have been asserted before the sale,
Judgment affirmed.
No. SAL. John Coleman VS.. Fairbanks & Gilman
! G. Csvaroc, intervepors, appe'lsnts.-From Fifth
District Court. Judgment reversed far as it
| dismisses demand of intervenors Judgment for
| them. the evid.nc not shaving they were de.
tendants partners, setting aside the provisional
seizure and decreeing the p' operty seized to be in
| No. 4475. c. Ryan ct al. appellants, VS. Carl
KOhn.-From Sixth District Court The amount
due the decs,sed PARTNER has been accounted for
No. 4i1I. Robert P, Fendrick We: Mary A. Las
TAPES, appellant. Fourth District Court
| OF seizure and sale. Judgment affirmed.
No $685.; Joseph Harvey ct uX vs. succession of
trict Court. Motion to dismiss denied.
No. 57s4. j. Rodriguez Va. u. Lopez, appellant
Prom Fifth District Cou,t Judgment affirmed.
JUSTICE wYLY
No. 1856 Jesse R. Powell, appellant. Factors
and Traders Insurance COmpany.-FrOm Fourth
District Court. On open river policy OF $685. 81
Defense alleges plaintiff did not make proper re-
| turns. The corn lost was worth the amount. The
clerk whose duty 1t was to make monthly returns
neglected it in August and ptcember 1869 De-
business iecetvng premiums amounting to
| SJ999 81 Ii the contract was void they should be
| returned; if only voidabe, the losses should be
paid. There is no stipulation here as 10 D0nvil!e
| vs.. Sun Insurance Company, IL A.. 259 Ju igm It
annuledi plaintiff to recover $3.50 81, !ass -
| No. 55i5. Pierre Auranne We. George J. Es
| bacher, appellant.-From Sixth District Court. o.
promissoIy more. The notice of oishunor was suf.
! iicen, H., lle; a IT, 49i Is L., 49, A., is3 A.,
| 1856. Judgment ltfrmet.
No. 57l2. Ernest W. Beaseley va. P H. Foley, adj
| ministrator Bogart Shall intervenors and APP
pelants.--From sixth District Court. Appeal dis.
| No. $3.50 City of New Orleans appellant Vs. Mrs
| c. Adams From Superior District Court. Tax
suit for $780,; default was catered for g. 1856 and
| confirmed. The transcript of appeal WAS flied too
No. 48si State ex rel. Jules Gourlon appellant,
VS.. A. Dubuclet and c. CiihtOn. From Superior
District Court. The reatOr, mere creditor of the
| State. has no right to mandsmus aud exercise
| a supervisory control over the Treasurer and Au-
| ditor They agents of the State, The only
duty the Auditor owes creditor Ia to draw war
aS 5ss stste es re New
| Printing Company vs. Charles Clinton, State Au,
| ditor.-flom Superior Dis trict Court The court
| rants for valid claims before the MONEY is col.
lected. 1t is the ministerial dsty of the Auditor
| made peremptory.
| No. 1896. State vs. Alfred St. Marc purchasing
| for cash, concealing etc. From First District
| Caurt. Appeal from sentence of two years. The
convict having been pardoned, the appeal was
| dismissed on motion of the Attorney General.
| No. 1894. stale We. htienne Johnson.-Burglary.
| From the Superior Criminal Court. Appeal from
sentence for lite, See state vs. Philips. Judg.
| ment annulled and case remanded.
| No. 592a. state We. Gaston Larche.-Rape. Prom
| the Superior Criminal Court Appeal from sentence
for life. See State vs.. Phillips Judgment aunul.d
| and remaudrd.
| No. 5sO4. State VS. Roman Marmcget.- Murder.
From the SUPER Criminal Court Appeal from
| Judgment aRnuled and case remanded.
| BY JUSTICE MORGAN
| No. 1883. State ex rel Eager Ell-rman L Co., ap.
| pellants We Charles Ciiutor state Audi Or.-Prom
| Superior District Court Motion of William Dur.
bridge to dismiss appeal refused. The Leg stature
| authorized the improvement of Red river TACT OF
| SepterH her 8, 1881 comm ssoners were appointed
and S 35 900 of ponds authorized. The commis.
Sioners were to turn over ihrir work to the board
of public works, Acts September 10, 1885, Feb.
ruary "a 1871. Three sections of the four author.
| lied have been paid for. The wo;k not com
| peted within the time specified. The board of en-
| gneers extended the time to January !, 1873. Re.
lators transferees of original contractors. TIE
board of engineers had no author ty to make the
| contract The time could only be extended BY the
| Legislature, Judgment affirmed and mandamus
| refused
Galloway, appelsnts-on promissory notes Judg.
meLt ali med with ten per cent damages for
No. 5l5a' City of New Orleans, appellant VS. Hi.
hernia Bauk.-From superior District Court. see
| No $3.50. Judgment reversed
No. 400 Grsrd Brandon, appellant 7. H. and
| same We. VIII lam Hughes. The seizure was only
nominal, the plaintiff making all the profit and
| the property belonging 10 min, Judgment re-
| versed, and damages OF $500 awarded plaintiff.
No. 578. State OK rel Ca ondelet Canal and raw
| tn of Public Accounts, Mississippi and Mexican
| Gulf Ship Canal Company, appeliant.-Frsm Su-
brought in to answer demand on a public
| officer to perform a ministerial duty. Judgment
of II 5Go of June, 1871 ordered recorded and rule
No. 1913. State VS. John Harper and Peter Linn
| burglaly.-From superior Criminal Court APP
| peal from sentence oil seven year-. II matt. rs
| not how the was transferred from the First
| District Court. 1t waa in the proper court; act
f,nse IN the order to docket did not it ire the
| accused Jurisdiction tached from the act The
subsequent proceedings are legal, Judgment
No. 1886 State VS. Dock Martio, grand lar.
ceny-fiom Superior Criminal Court. Appeal
from sentence of three years. There is no assign.
m.nt of nor any errors in the record. Judgment
| affirmed.
No. 58a5. State VS.. Gertrude Antoine, murder
From Superior Criminal Court. Appeal from sen,
tence of one year. See State VS.. Phillips. Judg
mert aunulled and remand d.
| no. 5e29. State vs.. Horace Wesley, grand lar.
| ceny.-From Superior Criminal Cont. Appeal
from sentence of three years. See State VS.. Pete
| Phillips. Judgment reversed and case remanded
| Superior District Court.
John Mathers, Jr, VS., New Orleans, st. Louis
and Chicago Railroad Company. Judgment for
| $ls2 &C.
Hale, Aver Co vs. same-Judgment against
| Richardson Tracy, garnishees, for 1892 o.
| Warner Van Nurden const ,bIe OF + rst Justice
Coult.-Petitioner alleges that in the of John
| Wang We. Missls ippi and Mexican Gulf ship Canal
| Company the defendant has at ached certain
mules etc which are his property, and not liable
| to seizure. Injunction issued o. bead of $500.
| State ex rel. Mayer Cohen 80. Bark of Am, rica.-
| Reiator alleges that, tax collector of Assump
ton parish, he deposited certain drafts with de-
PENDANT fer collection; that the proceeds are the
property of the state and prays for scout
Writ issued without bond
superior Criminal Court.
GRAND JURY.
Murder-George Morris, who butchered Sarah
Jones on the inorning of Novemb 30 1875, in