New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-04
COURT RECORD.
"oNDAf' JANUARY 3, 1876.


'' JANUARY 3, 1876.
:, Jmss . W"a' District Court.
Jna'm nes " sae vs.. Otto Krat. a. .,
Shte av rs1 :, hratz for $500. '' d.
Car.-Praver fn y. Dumas vs.. Tbom,
diss,ive ,h ast ;n lor jury allowed. Ru hoha
bOnt refused. anu TO increase lh,
que National Bank va Jor;.
.ioh'i bank.-Rule to show n louisiana Ma
oonplete statement of the dafaus so why a
o"uns WIN the city of New Orlaan &C,
ary, y feturnable jam.
po M.diam Hogan VS.. Bank of Amon;o
rouloner alleges that he denoa; meiiea;-
se!Der y, 1873, with defendant os'lea, No.
si'U' that the officers informsa np:e Tor
coua not be discounted tin tha UNI 1t
n-nu, "nen 1t was done, thoueb tb twenty
=, niue as OF the twenty-seyentb. ~ entrS
tha defendants check for S35d." $40, ,h ne
, ~. "nh suspended business on ,ha , tna'
cboat anu ne was compelled to nav 4ho
tha tha1 the bank was insolyent WIZ ,no
kneW VIZ . was discounted and the officers
Prsrsr ~ "a anu 'nat 1t still retains the note
"9'i LOT us return with DAMAGES 'o
superior Criminal Cour,.
MOTIONS.
\, lale vs.. Pauline Bell and Della Dar;,
~ t-on Tor new trial fixed for Jannarr
otdte VS. r. w. Devices ct al -Mn,,or
s ,asn information fixed for the tenth IN ~
tiont te vs. James Ross stewart.-same mo-
vs.. j. Davis.-Same motion.
Carryl. CONVICTED.
Duty. concealed weapons Joros
Assaul.ins
police ofiicer-Paul Brown.
Carrying conetsTEScED.
ten days. Il weapon, James Duffy.
The following graz Rf.
February and March wury for January.
+. ID. Willet. foreman Rna OrD in:
Charles Joubert O. Is Hickey.
Oscar Elmore. Z w. Handin.
John Asfredo. John Vinegar,
Leon Posthie, John kinth.
j. +. Parmele. NJ p Crea,
John W. Fairfax, Timothy Do,
Paul Bruce. Gustayus Lam.
Fourth District Court.
Cotton & Levy VS.. Jean Berthin ct
Suit tor attorneys fees in the auti.prival
market war. Judgment for plain tits fo,1
$500.
Fifth District Court.
Joseph R-buul vs.. joseph Il pery.-Oa.
tober 5. 1873, defendant bought plaintiffs
property "a a tax sale, S Ii for $50 %
taxes tor 1873. The title states they were
for lS7i There We're no1e due for l86o-7O.
Before November l, 1875. plaintiff ten
dered Sl21 to redeem it. winch was re
fused. The collector received SOB 80.
He had no right TO receive more than
S61 81, Taxes are to raise moaev for
specific purposes; levying them is taking
property; they are a gift from the people
TO the government 70 insure protection; an
alienation pro tanto; they must go into the
ruoiic treasury; Cooley's Const. Lin. 81;
Btackwelfs tax titles, 6. 4. The penalties
imposed by section six of act No. Il of 1874
do not 90 into the treasury. The act
does not express this object in its title The
plaintiff rendered more than was due which
was $93 90. Act No. I, May 8. 1915, re-
'nitted the penalties if redemption was
made before November |, 1875. The tender
was made in time. Acs No. caused act
No. AZ to case TO operate. 1t was penal
tatute, Hill &C: 9 Pick, 22o Mass li6:
G. and j.. 419; 9 Pick, Alp, ami should
lave strict Interpretation, Blackwell 80:
smiths CONS. 73S; Smiths Wealth of
Nations 3iS. Judgment for plaintiff order
ng defendant 10 receive the sum rendered
snd recovery of the property.