New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-21
COURT RECORD.
MONDAY, MARCH 20, 1876.
Uni,ea states Supreme Court.

COURT KBCOkU.
MONDAY, MARCH 20, 1876.
United states Supreme Ceurt.
Case No. $780, Henderson & Henderson
Va. Commissioners Of Emigi alton, ana csse
No. 663. Commissioners OF Emigration W.
North German Lloyd. These are cases
arising under the statutes OF New !orK
regulating emigration. The opinion OF the
court. after an elaborate review OF the cases,
is that the legislation is in conflict with the
void. Also, case No. 47S, Chi Lung vs.
Commissioners of Emigration. from Caiitor-
mia. The court says, in any view OF the
case. the law is held void, because it is in
conflict with the Federal constitution
Judgment reversal, with instructions to
dismiss the persons in custody. This case
involves the importation of Chinese women
for lewd purposes.
The Supreme Court again decides IN
favor of Mrs. Gaines. She is citizen OF
New York and entitled to have her cause
transferred to the United States court, and
after q motion for transfer the action OF the
State court is null. Chief Justice Waite
and Associate Justices Swayne and Bradley
dissented.
The foIiovinp case was submitted March
Is.
Case No. l6S. Spencer vs. the United
States.-An appeal from the Court OF Claims.
This was claim for the proceeds OF cotton
which was raised in Louisiana, and intrusted
to one Mrs. Blackburn for safe keeping. In
etead of taking charge of it for that purpose,
as agreed with claimants agent. she sent u
to Memphis to be sold ON her own account,
she reeiving the proportion of the purchase
money agreed upon, the sale having been
made by the supervising agent OF the
Treasury, to whom it had been shipped BY
Mrs. Blackburn. The Court of Claims
found that the Treasury agent had made
the transaction ON bis own account, and
the money proceeds were never paid into
the Treasury, and upon these facts found
that there could be no recovery, as the
government was not liable for tort COM
mitted by it's agent.
II is here maintained that the proceedings
bv the agents were under color and in pur-
snance OF the captured and abandoned
property act, and that his payment OF the
proceeds of The claimants cotton to Mrs.
Blackburn, instead of into the Treasury,
was a mistake for which he became liable,
and the government having assumed the
liabilities of these agents Of the Treasury, it
is now responsible to the claimants. Tay-
lor and Casey for the claimants, and Assist
ant Attorre eY General Smith for the govern
mene.
Case No. 166. Terry vs. IubmAn.-
Error to Circuit Court for the district
of Georgia. The court affirm judgment
below, dismissing the case. which was
q bank personally liable for it's Or
eulat;on bills, ON the grounds that q
crediter can not maintain separate action
seeking to obtain his entire debt to the pos
eible exclusion of others similarly situated.
The Judgment being that the proper pro-
ceeding is in equity where all the claims
can be presented, all it's liabilities of the
stockholders escertained, a1d just distri-
button made.
Superior District Court.
State of Louisiana ex rel. X. A. Bray, v
A. Ryan, James Lewis, L. s. Murdock, j.
b. Gaudet and D. McCsrty vs: Mayor and
and e. Pilsbury. Administrator of Finance
This petition is ON the apportionment OF
1874. Petitioners pray that the city be re-
strained from receiving Metropolitan police
warrants for licenses or taxes due in 1874
1875 or 1876. Injunction issued.
Superior Criminal Court.
NFORMATIONs.
Henry Cross, assault and battery on {
police officer; James Saunders, Gaitani Ra
nilia, William Burne, Michael Paolin and
Rica Ranilla, carrying concealed weapons
Alice Cadiz, grand larceny; Elizabeth Da
Wis, grand larceny.
ACQUITTED.
State vs. T. G. ROux.
SENTENCED.
Carrying concealed weapons-Edgar Bou
ligny, $25 and costs and fifteen days Parisl
Prison, and in default An additional tifteel
days.
Fifth District Court.
LNFORMATIONs.
Petty larcenv-Daniel Bray, Dock Jones
Ellen Rose, George Calvert and Jessl
| Smith.
Assault and bsttery-Patrick T. Eagan
w. c. Duncan. William Berry, Daniel Hay
and Belle Smith.
NOLLE PROsEQUI ENTERED.
Bill Thomae. for assault and battery.
PLEADED GUILTY.
| Jane Middleton, charged with assault AM
battery, of assault.
vERDICT6.
| John Markey, alias Bunkes, alias Bates
not guilty.
Dennis Balm, petty larceny; on trial sine
Richard T. Elliott, petty larceny; guilty
| James Foley, assault and battery; no
| guilty.
Thomas j. Davidson, obtaining money o.
false pretenses; affidavit dismissed.
l