New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-02
COURT RECORD.
MONDAY, MAY !, 1876.
United States Circuit Court.


! Presentation. w. B. Woods, circuit
judge.
| United States vs.. Edward Fehrenbach
ct al.-Conspirscy to defraud. The jury,
having been instructed by the court, on the
second call ON Sunday stated, through the
foreman, that they found g. w. Wills,
deputy acting collector of internal reve-
nue., John McWhirter, deputy collector,
1 and Panl Bruce, night storekeeper, not
| guilty; but, while releasing the jury from
| further consideration of these cases, the
| court would not allow the declaration to be
recorded as verdict.
| Supreme Court.
| Present - Chief Justice Ludeling and
| Justices Howell, WHY and Morgan.
| Absent-Justice Taliaferro; Justice Nor
| gan read his opinions.
| The following decisions were rendered:
REEEARINGs GRANTED.
No. 6274. City Of New Orleans VS.. George
| L. Bright.
REHEAEINGs REFUSED.
No. 6ls6. Hawley vs.. Heyman.
No. 6l64. Citizens Bank VS.. Parish of
| Concordia.
No. 6l35. Loeb VS.. Lafitte, Dntilho & Co.
No 6I20. Lsckey vs.. Merchants Mutual
Insurance Company.
No. 1852 King VIZ. DIETRICH.
No. COOS. State ex rel. Citizens Bank vs.
Funding Board.
BY CHIEF JUSTICE LUDELEG.
No. 1926. John r. Clay vs.. NJ. A. Pey
roux, appellant.-FrOm Sixth District
Court. Ga rehearing. Appellant to pay $50
damages and defendant none.
No. 1903. Paul Poincy, appellant, va.
Mrs, V. G. Burke-From Fifth District
Court Case remanded.
No. 59I7. Mutual National Bank vs.. A.
Miltenberger, et al, appellants.-From Sixth
District Court. The proceeding to have
the first mortgage recognized was author
lied. C. P. 395, 1896, 40l. Judgment re-
versed ana case remanded.
No. Glib. John B. Henry vs.. Conrad
Devon, ct al, appellants.-From Fourth Dis,
trict Court. Motion to dismiss appeal
refused.
No. 1857 James Freret We. W. W. Hand
lin, ppellant-From Sixth District Court.
Judgment atli med, with 500 damages for
appeal.
Ne. 6O6l William p Reynolds VS.. Joseph
Raymond, ct ais, appellants.-From Fourth
District Court. Motion to dismiss appeal
refused.
No. 6loS. A. L. Gusman, appellant, We. z.
E. Hearsey.-From Fifth Judicial District.
Judgment affirmed.
No. 6264. Howard & Preston vs. c. II.
B. Merrill, administrators. ct al.-from Sixth
judicial District. On opposition of account.
Administrators accounts approved and
Judgment affirmed.
No. 62l0. Charles L. Frantz, appeilent,
VS.. Z: Waggaman, sheriff.,Frem Fifth Dis
trict Court. Appeal from dissolution of in
junction. Judgment reversed and ipiunc-
ton made perpetual.
No. 6O4i. w. w. Handlin; appellant, Vs.
James Freret-From Sixth District Court
Judgment affirmed.
No. 6io7. Matthew w. w. Vernon, appel
liant. VS.. Leslie Bankston.-From parish OF
s.. Helena ON change of venue from Iangl
pahoa. Judgment affirmed.
Justice MOgan dissents.
No. 4727. Teutonis National Bank, appel
LIANT, vs. Southern Bank-From Superior
District Court. The check fcr $1,000 was
returned TO the Teutonia National Bank
before L A. NJ, October 10, 1872. On this
two witnesses on each side conflict, and
were there nothing else 70 turn the scales
in favor of the de PENDANTS, the fact that
settlement was made in which VIE said
check was received without any objection
that it was returned too late, IS a very
strong circumstance that 1t was returned IN
time. Practically this suit is TO revive that
settlement. The evidence satisfies us, as it
did the Judge quo, that the check was re-
turned in time. Judgment affirmed.
No. 6l42 5. NJ. Routh. ct al. VS.. Citi
zens' Bank appellant.-From Thirteenth
Judicial District. Judgment reversed and
Injunction dissolved with $500 damages.
By JUSTICE TALIAFERRo.
No. $780, Mrs. Widow LIE Cormier, ap-
pellart, VS.. NJ. Soye ct al.-Erom Sixth
District Court. Former decree TO remain
undisturbed.
Justice WHY disaents.
No. 60s9. Charles T. Estiin, appellant, va.
State OF Louisiana-FrOm Superior District
Court. Judgment. that the petition for
services in selling 1850 bonds, etc, dlscloses
no cause of action, affirmed.
No. 6245. City of New Orleans, appellant,
vs. George w. Dunbar g. Son.-From
Superior District Court. The general law
OF exemption was not repealed by plain.
tiff's charter, 90 A. 726. Judgment re-
yersed and injunction made perpetual.
No. 4425 j. Alexander vs. city OF New
Orleans, appellant.-From Sixth District
Court. Decree amended that appeal be
dismissed
No. 6005 In re succession of John
Y0uenDes-From Second District Court.
Opponents appellants. Judgment affirmed.
No. 5SS7. James A. Farley vs.. Samuel
Boyd, appellant From Sixth District
Court. Judgment for $4,000 affirmed.
No. 1893. Steamboat Richmond vs.. L. j.
Highly, appellant.-From Fourth District
Court. Judgment for Sl075 freight, etc,
affirmed.
No. 6256. F. Lucen Marionneaux ct al,
appellants, vs.. succession OF +. Norbert
characterization Fifth Judicial District
Court. Appeal dismissed.
No. 1880. M. l.. Block vs.. A. Bonnet, ap-
pellant.-FrOm Sixth District Court. The
verdict of the jury seems to have done JUS
tice between the parties. Judgment at
firmed.
No. $3.50. Succession of w. Newton Mer
cer.-From Second District Coart. Judg
ment affirmed.
No. 6O79. j. Faust, Brothers s. Co., appel
lants, VS.. Glynn & Wintz, c. Cavanac and
j. Rickitts, Jr. - From Fourth District
Court. Judgment annulled and decree that
the rule be made absolute and plaintiffs re-
cover 1856 10.
No. 6l54. State vs.. Willis Holmes, appel
lant.-From Parieh Court of NatchitOches.
Originally a suit for taxes on defendant,
druggist, without a license. Denial of bust
ness as druggist. Judgment condemning
him to pay the license as druggist affirmed.
BY JUSTICE HOWELL.
No. 6O42 William Reid Mills, appellant,
VS.. E. Waggaman, sheriff, ct ai.-trom
Sixth District Court. Judgment affirmed.
No. $500. A. A. Dalaroderie, appellant,
vs.. Mrs. Anna Hullen, tutrix, ct al.-From
Fifth Judicial District. Judgment affirmed.
NO. 4|I. Joseph Is. Hubbard vs.. Susan
D. MOore.-Fro1ethe Fifth District Court.
Appeal by sureties on release bond on a
rule decided against them. The defense of
the surety, that the sheriff could not trans
fer the bond, is frivolous Judgment at
frmed, with ten per cent damages.
No. 6Ol2. Mrs. Josephine M. Buelon We.
Alfred A. Mendal, appellant.-From the
Second District Court. Judgment affirmed.
No. .60l3 A. A. Mandall, appellant. VS..
heirs of Peter G. Mandall.-From the Sec
ond District Court. Judgment affirmed.
No. 1875. Succession Of John Heavia, s.
]. johnson, xppellant.-From Second Dis
s.;oA Co,.ns nnaanf affirmed Chiaf