New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-10
COURT RECORD.
THURSDAY, MARCH 9, 1876.


COC8T RECOH0.
THURSDAY, MARCH 9, 1876.
UniteA states Cfrcait Csurt.
Present hon. w. B. Woods, circuit
United States vs. Dennis O'Brien ct al
Conspiracy to defrsud the United States
William A. Thomas gave bond, with Viii
liam j. Castell - surety, for 5000.
United States vs. Edward Fehrenbach et
al. - Conspiracy to defraud the United
States. Otto H. Ksrstendiek, with Francis
NJ. Ziegler a. eurrty, and John Z. Beale
with Robert n; Cockrem - surety, eact
Oliver Amee, second, vs. New Orleans
Mobile and Texas Acknowledgment fol
$2l.O00, with interest from February IL
1876.
X. B. Gardner We. Henry Triccu.-Actior
on account. Verdict for 81 80. Each party
to pay his own costs.
Superior District CouFe.
Hon. B. L. Lynch presiding, in the absence
State ex rel. James Koppel VS.. w. L
Thompson.-Ordered: That the rule taken
in this case against the defendant. w. l.
Thompson, is made absolute, and 1t 10 az
Judged and decreed that the said w. L.
Thompson is unlawfully holding and exer
cising the duties of the Office of fifth justice
of the peace for the parish of Orleans. II
il further decreed that the relatOr, James
Koppel, is entitled and empowered to exc
cute and fulfill the duties Of the said office
of fifth justice of the peace for the parish
Of Orleans, and to be put in possession Of
said Office.
F. Levasseur VI. B. F. Joubert, State tax
collector of the Second District--1njunc-
tion dissolved with 100 per cent damages
on tax and penalties of 1924.
Isaac Blum vs. Samuel Ricard:-feti'
toner alleges he employed defendant as
his special agent to negotiate lease of the
Lexing gton stables, No. lag Baronne street;
that he fraudulently caused his wife's name,
A. Ricard, to be inserted instead of petition
er's; that he ratifes the lase at $75 month
with this exception, and prays that they be
restrained from taking possession OF the
premises or interfering with his right OF oc.
cupancy. Injunction issued on bond OF
$1,000.
John Klein e. Co. vs. G. B. johnson,
Auditor. allege the Legislature
in 1875 authorized the sitting of commit.
tee during the recess to examine the books
and accounts of the Auditor and Treasurer;
that in 1876 it appropriated $3.50 for the
expenses, and certificates were issued; that
they hold 1886 80 of them, which the An.
ditOr refuses to pay; that they are fearful
he will apply the funds in his possession to
the payment of other certificates. Injunc'
ton issued on bond of $3.50, and rule to
show cause why petitioners should not be
paid fixed for March l3.
Superior Criminal Co1Ft.
NoLLE PRosEQu1.
Stats We. Joseph Grass. s.-Shooting with IL
tent to commit murder. Accused, young
man, shot and wounded, on the thirtieth OF
January last, his father, Nicholas Grass, at
his residence on Rampant, near Girod
State vs.. Maria Washington.-Burglary
and grand larceny on the twentieth Of No
vember. 1875. at the Pelican House, corner
of Canal and Baronne streets.
First District Court.
INFORMATION.
Assault and battery-Raymond Tells.
SENTENCED.
Edward Frank, assault and battery, on,
day.
PLEADED GUILTY.
Richard C. Bond, charged with assault
and battery, of assault.
second District Court.
SUGGESTIONS of Mary Thuera Peters
widow of John Allen Mitchell; Cecilia
Doyle. wife of James A. Moran; Pierrt
Laurent, Jr., and Dan Kuntz, opened.
Emile Edouard Lazare prays to be eman
clpated.
Fifth District Court.
Judge Cullom rendered the following de
cisiOns:
Hardwick vs. Shelby.-The parties reside
in Tennessee and Illinois. Plaintiff va.
about to ship two boat loads of potatoes t<
New Orleans when defendant threatened tt
attach them for an alleged debt of 5000
but refrained on payment of $1,000. Plain
tiff alleges there was no debt due; that ht
paid $1,000 on account of threats, and prayl
that it may be ordered refunded. Excep
tion that there is no cause of action. In
Tennessee . writ of attachment only issues
on affidavit and q bond for all damages
Smith vs. Story, Humph., l69. The plain
tiff was not impelled BY any tenors ordi-
nary frmnese would not have overcome
C. C., 1851, 1856. There was nothing in
Shelby's attitude to force him to pay any
money. The threat to bring suit under Cir
cumstances such as must attend the issu
ance of q writ of attachment, and under
which the alleged debtor would be amply
protected Is not in my opinion such put
ting in fear as lie contemplated by the code
for the invalidication of contracts and more
especially one which may be Justly re-
garded as Q compromise. C. c.. 307l, 3078
3OS2.