New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-18

MONDAY, APRIL II, 1876.

II
judge.
United States W. sundry accused.-Con
spiracy to defraud, illegal removal o
spirits, etc. Pleas of not guilty were on
tered by tho majority.
United States 70. Edward Fehrenback q
al.-Cnnspiracy to defraud, etc. Fixed fol
Thursday, April %, and special venire O
100 ordered.
H. r. jackson ct al. Va. Vicksburg, Shreve
port and Texas Railroad Company.-Or
petition of John w. Green, receiver, he il
authorized to borrow $4,000 to make re
pairs for damages caused by the inundatior
and to fit the road for business.
Edwin D. Morgan and James A. Raynol
Va. New Orleans, Mobile and Texas Rail
r0ad.-Order Of reference to ascertain the
property subject to the mortgages repre-
sented in the bill and answers, etc; ~ ap
pointing +. A. WoOlfley special master tC
OF the trustees, and what is subject to the
| mortgages; ~ to inquire into the validity
| OF the deeds and amount due, and who are
the holders; ~ to advertise as to his sit
| ,ings, and hold q session in New York if he
| may deem it necessary; (4) to provide fol
the deposit of bonds, etc; ~ to report on
the best method Of selling the property; (6
| and, ALEC, on the feasibility of q reOrgani
| cation OF the company; and, specially
| ON any matters submitted, and 49, lastly
to close the inquiries before December /
| 1876.
Supreme Court.
Present - Justices Taliaferro, Howell
WHY and Morgan.
Absent-Chief Justice Ludeling.
The following decisions were rendered:
REHEARINGs REFUSED.
No. 6227. Mrs. A. Nashman vs.. G. LIZ
Blanc. sheriff, ct al.
~. Yr1:r 7
| ct al.
No. 5l45. F. Otto VS.. Simeon Belden ct al
No. 1897. State ex rel. p. A. Simmons vs..
J. F Beverages ct I'll.
No. 6O55. George NJ. Marshall vs.. Emo.
gadel Vale.
No. 6l92. Mrs. NJ. Il. James VS.. heirs of
Henderson.
No. 1897. j. H. Hopkins We. Garthwaite,
Lewis T. Miller.
REHEARINGS GRANTED.
No. 6067. John Sexton VS.. John McMa-
hon, tuivr,
By JUSTICE TALIAFERRO.
No. 4SO4. Liberman & Co., appellants,
va. New Orleans, Florida and Havana
Steamship Company.-On consignment OF
soap BY plaintiffs, refused in New Orleans
Gent interest, &. p. Is, suing for whom it
NAV concern. Judgment affirmed.
No. 6l69 McCOok & Brother, appellants,
We. E. b. Willis ct aI.-FrOm Seventeenth
Judicial District. Defendants reside in
Texas. Suit by attachment on goods in
transitu through SABINE parish was brought.
The copies of citations, etc., were not
affixed to the courthouse according to G. P.
254 One Of the sureties did not reside in
Sabine parish, but in Natchitoches. The
suit vas properly dismissed. IA l.. 2io;
A. 3O7; c. P. PAS; G. c. 3042. Judgment
affirmed.
No. 6l27. State VS.. Frank Bennison.-
From Seventh Judicial District. Appeal
from sentence IF thirteen years for bur
glary. The proceedings were twice by in
formation and twice by Indictment. He
WAS convicted on information, having been
tried twice before on the same charge. The
plea of prescription must prevail. The &C.
cused was taken into legal custody prior to
July /, 1874 The information was filed
Decem her 7. 1875. Judgment annulled and
prosecution dismissed.
BY JUSTICE HOWELL.
No. 1896. William s. Davis, appellant,
va. Clark, Groebel & CO.-FrOm Seventh
District Court. On promissory no e.
The giving of the notes was without the
knowledge of the other partners, as known
to plaintiff They did not know Of them
until fifteen or sixteen months after the
Plaintiff received no payments, and did
not make known his claim when On visit
here. Judgment affirmed.
No. 472S. Dave Z. johnson We. La Va
riete Association, appellant.-From Supe
rior District Court. When plaintiff became
a stakeholder the club had the privileges
he complains Of He must be held to have
purchased with reference to the conditions
existing. Judgment reversed and ipjunc,
ton dissolved.
No. 6ll7. George B. Frost guardian, etc,
appellant, VS.. city of New Orleans-On
complaint of too high an appraisal Of prop
erty. The plaintiff has not made such q
showing as to entit:e him to q judgment
10 A., 474; 81 A.. 439. He only presented
an unsworn application to the assessors.
Judgment affirmed.
James Brown, j. +. Sotlebellos, intervenOr
and apuellant.-FrOm Ninth Judicial Dis
trict. Judgment amended, to reject the
amount Of $3.50 price Of mules sold.
No. $685. Marie Emilia Thozan VS.. Joseph
Thozan. Third parties, creditors, appel
lants.-From Second District Court. Judg-
ment amended, and privilege OF 1928 &C.
for paraphernal funds, reversed, creditors
rights reserved.
BY JUSTICE wYLY.
No. 576S. State of Louisiana VS.. Charles
Clinton, Auditor, and Antoine Dubuclet,
Treasurer, Williams & Guion, intervenors
and appeIlants.-Appeal from the Superior
District Court, parish OF Orleans. The
State enjoined the Auditor and Treasurer
from paying the coupons attached to the
bonds issued under act No. 80 Of 1871, on
the ground that the issue of said bonds,
amounting to s., SOC, 900, was in contraven
ton of the constitutional amendment, and
said bonds are not valid obligations Of the
State. The New Orleans, Mobile and
Chattanooga Railroad Company inter
vened. The case was before this court in
1874, and was remanded. Before the trial
on the remandmsnt Williams & GuiOn,
holding certain bonds of this issue, inter-
vened, setting up their right as third
holders. to obtain payment Of the coupons
and to have their bouds declared valid.
The court perpetuated the injunction and
decreed said bonds to be void. Thereupon
the in:ervenors, Williams & Guion, aD-
pealed. 1t will be necessary to examine
the provisions of the acts of 1869 and 1870
and 1871 in order to determine whether the
bonds in question are valid. BY act No. 20
of 1869 it was provided the New Orleans,
Mobile and Chattanooga Railroad Com
pany shall complete the first section of
forty miles within one year from the sur
to Houston, Texas, within three years
and six months from the survey and
location; eight months being allowed for
making the survey and location, land
in case of the failure of said company to
survey, locate and construct the said main
line Of said railroad within the State OF
Louisiana in the manner and within the
time limited in this section Of this act for
such survey, location and construction the
obligation of the State Of Louisiana BY
virtue of this act, to guarantee the
second mortgage bonds OF ssu 60 com M
pany (as in this act Ct prG;ySlded Tor or OF d,
railroad not constructed within the time