New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-19

by the police jury of East Baton Rouge
upon Judgments they were decreed to have
acquiesced in. There was error in adding
to this amount other liabilities. Judgment
annulled, Injunction against collection OF
tax made perpetual, PLAINTIFF demand to
have the jud gments declared void rejected,
and the Jury ordered to collect the special
tax to pay them.
By JUSTICE WHY.
No. 1886. Succession of Richard Condor,
Thomas Mcmahon, appellant-From Sec
Ond District Court. Appellant purchased
property 1T q succession sale and refused to
comply with his bid. The only interest he
has is to require . good title. Judgment
that he should pay or the property be sold
at his risk affirmed.
No. 62S5. Mrs. Nancy Lottsperch vs.
Jason T. Diball, sppellant.-From Fifth
District Court: Injunction. Diball sued
the Esna Insurance Company on q life
policy. Plaintiff INTERVIEWED. Judgment
was given for Diball and plaintiff appealed.
The company paid the sheriff the Judgment
of $4,000, the plaintiff epjoined the payment
and defendant appealed. The company
he'd no Jurisdiction except to pass on the
sureties. The time for granting conser va
tory orders had passed. Judgment re-
damages.
BY JUSTICE MORGAN.
No. 5755. Randell Hunt vs. James E.
Zuntz, sppellant.-From Sixth District
Court. On an agreement between counsel
and client submitted to arbitration on .
written covenant. with Q penal clause of
damages of $4,000. The award was $500,
and defendant refused to comply. There is
nothing in the law to prevent parties from
settling euch matters by arbitration; de-
PENDANT had an opportunity to be heard; the
plaintiff may exact the penalty. c. C. 3l06.
Judgment affirmed.
Justice WHY dissents on the ground that
Q creditor can not have both principal and
penalty, c. c. 2l1S, 2l24, and considers the
10000 adequate.
Superior District Court.
Louis Fishel vs.. Mrs. j. w. Lincoln
Action for possession of property purchased
at sale by A. 8 Badger, tax collector of
to be shown May % why possession should
not be given.
State of Louisiana VS.. Auditor Clinton
and Treasurer Dubnclet.-IpjunctiOn on
appropriation act of 1875. Intervention of
Frsnk NJ. Kerr for salary Of $4,000 dis
missed.
Pierre Pinsegur VS.. Crescent City Rifle
Club.-Petitioner alleges that May 3, at
Metairie ridge, a ball fred from the grounds
OF Vnc ckuU kllleu us COW, aUU CAoIuS P~VV
damages.
Superior Criminal Court.
NOLLE PRosEQU1.
Murder-Thomas Miles, indicted SepteE-
her 10, 1873, for the murder of John Nc.
Kerpa at the corner of st. Mary and R0us-
seau streets, on the sixteenth Of July, 1873.
Miles was police officer and was executing
. warrant OF Recorder Mccullough on Nc
Kenns, who attacked and cut him with q
knife and was shot and killed. The &C.
cused died some eighteen months ago.
ON TRIAL.
Murder-State vs.. James s. Prestidge, in
dicted April Z, 1876, for the killing of w.
D. Hardaman, on the fourth of March, 1876,
at No. g Carondelet street. Jury impan-
eled.
First District Court.
INFOKMATIONS.
Wounding less than mahem-Joseph c.
Armstrong.
Petty larceny-Celestine Antoine.
PLEADED GUILTY.
Louis Babst. assault with intent to kill, of
assault.
ACQUITTED.
Mrs. Mahoney, Mary Mahoney and John
Mahoney, of assault and battery.
CONVICTED.
Charles Williame, of petty larceny, enter
ing with intent to steal and petty larceny.