New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-25

WEDNESDAY, FEBRUARY "a, 1875.
Supreme COuft.

h u.
Supreme Court.
Joseph 81. Spearin9. Of Orleans, and
Anomas +. Grace, of Iberville, were I'D.
miteed 20 practice in all the courts Of the
6tate.
Superior District Csart.
Louisiana National Bank vs.. city of New
Orleans and Administrators of Finance
Intervention of Thomas Tails, Jr, dis
missed. Injunction restraining the city from
receiving metropolitan warrants for licences
perpetuated.
Superior Criminal Court.
INFORMATIONs FILED.
Pat Carroll, assault and battery: Alfred
Yancy carrying concealed weapon.
NOT TRUE BILL.
State Va. BENJAMIN Mordecal and Leon A.
Mordecai-Embezzeme
TRUE BILLS.
State, vs. CASTOR Larche-Rape.
State Va. Washington Banks - Man
slaughter.
State vs.. Mary Estelle-Murder
State vs. Lou Dudley Wheyland-Arson.
State vs.. John Martn-Manslaught
State VS.. Michael Livacono and Mrs. M.
Livacono-Murder.
The grand jury were then discharged
until Saturday, February q.
ACQUITTED.
Breaking and enteriug-Felix Green.
Carrying a concealed weapOn-Charles
Evans.
Breaking and entering Charles Moore.
PLEADED GUILTY.
Carrying concealed weapons-William
Bell, alias Nick, George Williams.
Grand larceny-Joseph Turner.
First District Court.
PLEADED GUILTY.
Assault and battery-John Chin, Sam
Robertson, James OKelley, Joseph Du-
beiras alias Darmandal.
Petty larceny-Henry Garrett, George
Houston, Charles johnson.
ACQUITTED.
Petty larceny-James Welsh.
CONVICTED.
Petty larceny-Sam Ellis, Josephine Ed
wards.
State vs. John Shiller and John Weiss
l. Assault with intent to kill. 2. Assault
with intent to murder. 3. Assault and bat
terry.
Second District Court.
Succession Of Joseph X. GOurdain opened
Julio OAiACA 0AO dISdI0J
Schmidt pray to be emancipated.
Fourth District Court.
John 4. .Staes vs.. Piacide Canonge.-
bill. On trial.
Alfred Keen vs. G. S. Carlisle.-Plaintiff
complains that he has been damaged to the
amount of $500 by the erection by defend.
ant Of fence inside of and supported by
the partition fence; that it is from eighteen
to twenty feet high; is a standing libel,
damages the property. etc. Defendant
renconvenes, claiming $3.50 damages, and
alleging the tence is entirely on
Partition fence, does no damage to
ana was erected before plain
titf's house, the windows Of which over.
look defendants premises, are trespass on
them, and the fence was erected in self.
defense.
Judge Lynch delivered an elaborate and |
learned charge to tho jury, the following
being an extract:
The first inquiry is the location of the
fence. If, as the plaintiff charges, he has |
= right of action. The ownership of the soil |
carries with it all above and below. C. c., |
sos. If the fence is on defendants ground,
you are to inquire if he had the right to |
erect it. Ii you find the plaintiffs windows |
surveyed defendants premises. they were |
subjected to q eervitnde which he could |
put an end to unless the time had expired. |
The owner only can impose servitude.
G. c., 729, 743, 765. The plaintiff sets up
no claim to servitude. II the defendent |
had the right to erect fence. you are to
inquire if it was done III a proper manner. |
A proprietor can do no act on his premises
which would deprive his neighbor Of the
enjoyment Of his own. &C, 49l, 667. 1t
8 tor you to inquire whether the fence
caused mere Inconvenience or real damage.
). c., 6GS. Every act that causes damage
,bliges the one that causes it to repair 1t.
). c., 1915, 1916. You will next inquire
whether the acts of the plaintiff have in
licted damage on the defendant.
The jury returned a verdict Diminishing
he claim of the plaintiff, and giving dam
ges of ST. to defendant.