New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-24
NEW ORLEANS REPUBLICAN, THURSDAY AUGUST a. 1875
COURT RECORD.
WEDNESDAY, AUGUST @, 1876.
Superior District Court.

| WEDNESDAY, AUGUST @, 1876.
/ Superior District Court.
In 70. Charles w. Boothby.-E. j. Herrol
recorder Of mortgages, is directed to eras
certain mortgages ON property in the Set
ond District.
Judge Lynch rendered the following
opinion:
Abraham Hayem vs.. H A. dwell ct al
On the third Of August instant this cour,
on the complaint of the plaintiff, Abraham
Hayem, enj0ined the defendants, B. Barthe
b. Michado, Adam Wagner and Joe Hugs
from opening. conducting or carrying Of
their private markets within twelve square
of the Magazine street public market, stu
sted in the Fourth District Of this city. OF
the seventh of August instant the defend
court. praying for removal OF the cause Il
the circuit Court Of the United States fol-
the Fifth Circuit and District of Louisiana
No action has yet been taken by this cour
| on defendants petition, and there lie no evi
| denoe that q COPY Of the record has beer
| filed in the said Circuit Court. On the
| twelfth of August instant the plaintiff tool
q rule on defendants, in which he alleged
| that the defendants have continued to con
| in utter disregard and in direct violation o!
said Injunction and in contempt of the au
thority of this court; he asks that said de-
PENDANTS show cause Why taey should not
be punished tor contempt of court.
The defendants except to the jurisdiction
of the court, and optend that the fling OF
their petition and bond ipso facto causes
the jurisdiction Of this court to cease. In
support of this proposition they cite the
opinion of Mr.. Circuit Judge Drummond in
the case of OsgnOd vs.. Chicago, Danville
and Vincsnnes Railroad Company, deliv-
cred after reargnment, Mr.. District Judge
BiOdgett also sitting. THIS case il the first
ono which has arisen under that part of the
act of March 3. 1875, increasing the juris-
diction of the Federal circuit courts, which
relates to the removal of suits frem the
State courts to the Federal circuit courts.
In that case, reported in the Central Law
Journal, page 273, Judge Drummond held
that-"The petition and bond for removal
may be filed with the clerk Of ths State
court in vacation; and when this il done
the jurisdiction OF such court at once ceases.
Il is not necessary that the cause should re.
main in the State court until the next term
thereof in order that the Judge of such court
may have an opportunity to act upon the
application. If the petitioner has brought
himself and Is within the terms of the law,
and the right of removal is complete, then,
where there is added to that copy of the
10CVIu July AAOA Al LILO Z ONOi1l OooAt osAU
special bail given when requisite, the act of
removal has taken place"
In . recent Kansas case-that of the
First Nationsl Bank Of Manhattan vs. the
King Wrough. Iron Bridge Co, Judge
Morton, o. the State court, decided that
that case, il removable, was not removed
until the State court had passed upon the
suf1iciency Of the petition and bond for re-
moval. The eminent juris- Judge John F.
NIL s.Tha Naturalization Of ehn HiP.
cult Court does no5 probably attach until
the record of the State cour. is entered
therein"
This question has not yet been settled
by any Judgment of the Supreme Court of
the United States, and is therefore an open
question. Assuming, however, that Judge
Drumm0nd's opinion is the correct expOsi-
ton of the law, it will not sustain the OK.
ception of jurisdiction herein.
Supposing that the petitioners have
brought themselves and are within the
terms of the law, and that the right Of re-
movai is complete, they have not added to
that copy Of the record duly filed in the
said Federal court, an act which Judge
DrummoneG has held necessary to cause
the act Of removal to take place.
The exception is therefore net we'll taken
and must be dismissed.
Same case. In re. j. Machado, B. Barthe
ana A03m wagner. Contempt OL COURT ia
disobeying injunction in closing private
markets. Eaoh committed tor ten days to
Parish Prison.
Aloise Wetzel vs.. Henry Bsptiste.-Peti-
toner, q butcher of Keller Market, seeks
to restrain defendant from keeping pri-
vate market within twelve squares Of it..
Injunction issued on bond of $500.
Pierre Lacazs Va. Sylvan Bataille.-Rule
for contempt. Defendant discharged.
First District Court.
ACQUITTED.
Alex Walker, Of assault with intent to
kill.
Lloyd Sullivan, Of entering. etc.; Ed Har.
rison and William Smith. of assault and
battery.
BOND FORFEITED.
State vs. Moses Douglass.-Petty larceny.
Jnd zment OF forfeiture of bond Of $500
against Alexander Perry.
sENTENCED.
Asna johnson, for assault and battery,
IS fine.
Thirty.s;x Jurors are ordered for Septem-
Der.
Second District Court.
Succession of Louis A. Belloc9 opened.