New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-18

COURT RECORD.
MONDAY, JANUARY II, 1876.
United States supreme Court.


United States Supreme Court.
T5e following decisions were rendered.:
We.tOn vs.. State of MissOuri.-This was
an appeal from conviction under the Mis-
souri, statute. defining the status of ped
dler. and prohibiting such from dealing in
merchandise which IS not the growth,
product or manufacture OF the State, with
out license. Reversed.
Moore vs. the United States.-From the
Court of Claims. This was a claim for
cotton under the captured and abandoned
property act. AS it appears the claimant
sold the cotton on the twelfth of December,
1868, he is not entitled to recover tho pro-
ceeds. Affirmed. and the question OF the
genuine signature in this case was decided
that comparison with the other signatures
was sufficient. The Court of Claims is Judge
Of the law and facts.
Haines ct a., trustees Of the Vicksburg
Baptist Church, vs.. Carpenter ct al.-From
Louisiana. A bequest made BY Mrs. Gross
to the church. Decree affirmed.
Supreme Court.
Present Justices Taiiaferro, Howell,
W,Iy and Morgan.
Absent-Chief Justice Ludeling
The following opinions were read:
BY JUSTICE TALIAFERAo.
No. $751; Louis Malthe VS.. parish of
Piaouemines, appe!lanr.-From the Second
Judicial District Court. Suit tor $l933 30,
State certificates. On the merits Judgment
reversed dnd judgment to be entered Tor de-
fendant.
No. 452.. John NJ. Brabazon VS.. city of
District Court. Claim for $5s5, for expro
priation of property, and judgment for
| $500. Judgment sustained.
No. 57a6. Temple S. COons, appellant, vs..
John w. Cannon ct a!-Superior District
Court Plaintiff alleges ownership of an
interest in the steamboat Katie. 1t is clear
| the defendants are only trustees, and not
in position TO stand in Judgment. Judg-
| ment affirmed.
No 1925. John r. Clay vs. Michael
| Armand Psyroux. appellant From Sixth
District Court. judgment affirmed, with
| $50 damages for frivolous appeal
BY JUSTICE HOWELL.
| No. 5762. State, appellant, vs.. Richard
Tayior.-From Superior District Court
| On verdict for defendant. The State is
! estOpped from denying the validity of the
! Statutes Nos. Lis OF 1867 and 81 of 1870, by
| pleading them il Case vs.. Taylor. The
other exceptions were properly overruled
| The main question ia whether the plaintiff
| has proved Noncompliance. The proof Is
] that not one Of the basins were commenced
|
| approval is 80 far as DONE" There is nc
acceptance or approval to the extent
claimed by defendant. Act No. lis re
Quires three basins; act No. 81 OF 1872 es
! tablished ten in lieu Of them. The States
interests do not appear to have been in
jured. Judgment affirmed.
BY JUSTICE wYLY.
| No. 55l9. State of Louisiana VS.. Charlie:
Morgan, appellant.-From Superior District
| Court. Taxes. Defense that the property
having been acquired from the New Orleans
| Opelousas and Great Western railroad. is
| exempt. The court refers to act No. lag o.
| 1853, No. 1914 of 1856, and details the failure
of the railroad company to complete tat
work. Judgment affirmed.
| Justice Howell concurs in the conclusion
| and decree.
No. 1900 George W. Graft vs.. John May
land appellant.-From Seventh Distric
Court. Suit to obtain property purchased
at a constable's sale. The constable wa
annexed to New Orleans. and could maxi
no sale. The plaintiff was a resident o
New Orleans. and Lot properly cited. Judg
; ment affirmed
No. 6O30. Alexis Riber. appellant, ys.
| Con treras.-FcomT Third District Court. Ap
peal dismissed for want of Jurisdiction.
No 57Sl. P. Irwin. tutor, ct al, appe.
Iants, VS.: city of New Orleans and sheriff
From Superior District Court. Taxes
There was no lega, citation. Heirs o
Schmidt ID A. III. Heirs of De St
| Romes, No. 1921. Judgment reversed.
No 529l. City of New Orleans VS.. heir
Of De st. Romes, appellant.-From Su
perior District Court. An advertising no
tice should be subject to the same rules as
citation. Notice to "Heirs Of De St. Romes
was not notice to Eugene, Victor and Eu
1 -, m g. It,I
No. 4496. Annie CasteIl VS.. Thomas J
Castell appelIans.-From Fourth Distr;c
Court. For separation and divorce. Judg
ment affirmed.
BY JUSTICE MORGAN.
No. 60O7. Francois Adolphe D'Aouin v:
! Francois Lacroix, appellant.-From Sixt
District Court. Judgment affirmed.
No. $50. State of Louisiana, appellant, vs
John L. Laresche.-From Superior Distric
Court. On relation OF John B. Henry, sus
pended in his Office for violation Of K.
a5l9, 1924 and 252S. The exceptions ar
really answers to the suit. Should be trie
on the merits. Judgmel. reversed and cas-
remanJed.
No. 6022. Albert Estopinal. sheriff, Vi
James E. Z1ntz, appellant.-Suit to recove
costs, etc. Motion to dismiss appeal denied
superior District Court.
William P. Kellogg, Governor. for tn
use of the State of Louisiana, VS.. Charlie
| Clinton, State Auditor, Ct als.-Judgmen
for defendant.
Fischer & K-otz w. Crescent Mutual In
surance Company, on policy OF $1,000.
Board of Health, etc, vs.. M. A. South
worth, quarantine physician. Injunction
issued inhibiting the defendant from usn
or disbursing any funds. fees due, or tha
may be collected by him from vessel
arriving at quarantine, or from retainin
any Of said fees.
Superior Criminal Court.
| NEORMATIONs.
Assault and battery upon police officer
Joe Harrison and William Taylor.
| EoLLE PRosEoU1
Embe bezzlement-Emile Hoffman, embe.
element of $l4 on the fifteenth of Noven
ber, 1875, from 2. Gallagher.
Forgery-State vs. George Fritz ct al
Remanded from Supreme Court. Motto
for bail in the case of Frank OBrier
(F,itz is in the Penitentiary on six year.
sentence.)
den.-Motion to bail refused.
Stabbing, etc.-State vs.. Michael Dels
ney-M0tion for arrest of judgment ovel
ruled.
Arson-State VS.. Henry Watsoa.-Motio
for arrest Of judgment everruled.
Robbery-State vs.. William Dixon, ALA
Mahan, and Henry Graham.-Robbing Cal
tain j. 81. Stevens. of the British steamshi
Dhoolis, on the morning of December l:
1875, at the corner Of Basin and Lafayett
streets, of a pocketbook, etc. Guilty
| petty larceny.