New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-02

i
LOG; @ A., SAG; "a A., $50 Judgment re-
versed and injunction perpetuated.
| No. 623l. Cullen McCastle vs.. j. J. B.
| CLANCY ct al, appellants.-Froih Fifth Ju-
dicial District. Judgment amended and re-
manded to learn the value Of material.
| No. 63O6. Christian Boye ct al, appel
lants, vs.. G. E. Girardey ct al.-From Su-
perior District Court. The retention OF the
| tax by the auctioneer is not based on the
constitution, but q. charge by bonded
officer. The State DID not require the sale;
| it was voluntary. Judgment affirmed.
| BY JUSTICE wYLY.
| No. 6272. City of New Orleans, appellant,
vs. St. Charles Street railroad.-From
| Superior District Court. The sole question
| is whether the city is bound to exempt de-
| fendants' property from taxation. Judg-
! ment reversed, the city to receive $500 and
| privilege. Justice Morgan dissents.
No. 6l25. Christian Klein VS.. parish of
Ascension. appellant.-From the Fourth
| Judicial District. Judgment amended, to
| strike out the special tax.
| No. 6244. Rising Sun Society vs.. Rising
Sun Benevolent Association, appellant
From Superior District Court. Plaintiff
| and defendant are corporations organized
for charitable and religious purposes by
nOtarial acts under the law Of the State au-
tborizing such corporations.
Each of the contestants claims to be the
successor of the "YOung Rising Sun Benev
olent Society,"" and as such entitled to lot
| of ground in Girod Street Cemetery, to-
gether with tomb erected thereon, known
as the "Young Rising Sun Society Tomb"
Defendants suit Tor this property and
for the recognition of this right was dis
missed as of non suit by the Superior Dis
trict Court, and the injunction accompany
ing the same was dissolved. Defendant sub
sequently brought euit asserting the same
without seeking an Injunction in the Sixth
District Court.
Thereupon plaintiff brought this suit in
the Superior District Court, and injoned
the defendant FROM proceeding further in
the prosecution of said suit in the Sixth Die
trict Court. The ground stated for the injunc-
ton was without jurisdiction; because by act
No. of the acts Of 1872, organizing. the Su-
perior District Court, that court has exclu-
sive jurisdiction over all suits IN which
.'apy corporation established by act Of the
General Assembly and domiciled in the par
ish of Orleans ehall he a party The court
perpetuated this Injunction, and defendant
appeals.
The Slperior District Court was utterly
without jurisdiction TO Restrain by I'M unc-
ton the trial of the suit pending ID the
Sixth District Court. The right to prose
cute a lawsuit, whether well founded or
not, is a right guaranteed by act No. 10 of
the constitution If the defendant in said
suit was of opinion that the Sixth Dis
trict Court was without jurisdiction. his
remedy was an exception to the lurlsdic-
ton, and if the plea was overruled the ac-
ton OF the court thereon could be revised
by this court on appeal.
The prosecution of this suit IN no manner
interfered with any cause pending IN the
Superior District Court and that court has
no appellate or supervisory power over the
Sixth District Court.
Judgment annulled and sui. dismissed.
No, 6l56. Felix Brand. appellant, VS..
town of Decentralization Fourth Ju-
dicisl District. judgment annul!ed; plain
tiff to recover 1856, interest, etc; the bonds
dismissed, and the tax collector to collect
special tax of $1,000.
No, 4422. NJ. A. Becnel, ADMINISTRATIVE,
VS.. New Orleans. Mobile and Chattanooga
railroad, appellant.-From Sixth District
Court Louis b. Marmillion's plantation
was damaged by the overflow by neglect OF
defendants employees. Judgment below
was for $1,000 The defendants had control
and did nothing to proven. damage. They
are responsible for the sub-contractor.
Camp vs.. Church, of st. Louis, A. 322.
Judgment amended by reducing 1t to sll0o,
and affirmed.
No. 1924. Succession OF j. \. Brown.
Mary K. Brown, appellant.-ETom Parish
Court of Ibervilie. Judgment affirmed.
BY JUSTICE MORGAN.
No. G2C7. State of Louisiana VS.. W. d.
Floyd, tax collector, appellant.-From
Sixth Judicial District. judgment re-
Guced to S2029 63 and affirmed.
No. 6l96 State vs. w. ID. Floyd and VIII
liam Go!dng No. 6207.
No. 62Sl. William J. Taylor vs.. hehIor,
Updlke Il Co., Kehlor Brothers intervenors
and appellants. - From Sixth District
Court. The attachment in this State OF the
interest of a nonresident in the property
of foreign commercial firm for a debt due
a citizen of this State is not forbidden by
law, or opposed to any consideration OF
public policy, but, on the contrary, ls
recommended as matter of remedial JUS
tice in favor OF our own citizens. Fusd &
Co. VS.. White, ii A. l40. Judgment
affirmed.
No. 1883. R. G. Taylor. appellant. vs..
NJ. Conway.-From Fourth District
Court. There is no Judgment in the record
from which an appeal can be taken. APP
peal dismissed.
No. 57s9. Rhoda E. White vs. Myra Clark
Gaines, appellant.-From Fifth District
Court. Judgment that plaintiff recover
from the sureties $50, los 20 and fees and
costs, affirmed.
Superior District Court.
Edward w. Burbank vs.. city OF New
DEMONSTRATIONS, owning square OF
ground, under a certain contract With the
Mississippi and Mexican Calf Ship Canal
COMPANY, or the transferee Of sand COM
pany, Warner Van Norden has engaged in
system ofpdrainage for the city OF New
Orleans, and the digging OF drainage
canals; that in the digging OF the same the
said square of ground has been encroached
upon. cut through and occupied by wide
and deep canal, so as to render said SO uare
of ground nearly valueless, and by such
illegal appropriation of his property and
tresspas he has been damaged $3.50.
L. C. Roudanez VS. city OF New Orleans
Suspensiye appeal refused; deyOlutive al
lowed.
Superior Criminal Court.
VERDICT.
Murder.-State VS.. Thomas J. Newh0use
and Adolphe Newhouse, indicted March Ii
for the murder of John G.. Costley. Jr,, at
the Union coffeehouse, corner OF Drysdes
and MelpOmene streets, on the sixteenth or
February last. Thomas j. Newhnuse, guilty
of manslaughter; Adolphe Newhouse, not
guilty.
SENTENCED.
Grand Iarcenv.-James Little, convicted
April Is, of having stolen from Mrs. Mar
garet Madden, No. 10 Constance street, on
the sixteenth of March last, S4ioo; five
years State Penitentiary.
First District Court.
INFORMATIONS.
Lizzie Bernard, petty larceny: Martha
johnson, wounding less than mayhem.
SENTENCED.
Charles Prosper, for assault and battery,
one month; Leon Baquie, same charge,
500 iina.
The Strawberry Festival.
An entertainment will be given at the