New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-21
COUNT RECORD.
United States Supreme Court.

| Wnll0 the property OF the company. The
court held that only q franchise Of rail-
! road company, which is defined as right
for privilege essential to the operations of
run cars, to take tolls, to appropriate
| earth and gravel for the bed of it's
road, or water for it's engines and like,
| may be conveyed to the purchaser of
the road, a. a part of the property of
the company; that immunity from axation
is not one of these positive rights or priv.
leges essential tn the working of the road,
but is personal in it's character and inca
pable of transfer without express statutory
direction. Affirmed.
The Srlma and Meridian r silr0ad Com
pany against the Louisiana National Bank
of New Orleans.-Chief Justice Waite an
nounced the decision Of the court, denying
the motion to reecind the order dOcketing
and Diminishing this cause and for leave to
docket the same.
United states Circuit Court.
Presentation. E. C. Billings, district
judge
w. w. johnson vs. Seherk & Berksen ct
abb in chancery. Plaintiff, distjlIer in
alleges that he purchased the rights of s.
N. Pike and the trade mark of Magnolia
whisky; that it is registered by law; that
defendants are infringing on it, and prays
for an Injunction and an assessment of dam
ages.
That venire of $50 i1rors be drawn, re-
turnable on Monday, November p.
Supreme Court.
Present-All the judges.
State ex rel. Matthew Roques We. William
Pagan. criminal sheriff Private markets.
Habeas corpus on commitment on rule of
contempt from Superior District court.
Taken under advisement.
The following decisions were rendered:
BY CHIEF JUSTICE LUDEL1SG.
No. 1888 Caleb Barker, appellant, vs..
r. NJ. Order, ct al.-From Sixth District
Court. Judgment affirmed.
No. 6274 City of New Orleans, appel
liant, vs. George L. Bright From Superior
District Court. Rehearing. Former decree
undisturbed.
No. 549O Job Smith We. William Dur
bridge, appellsnt.-From Fifth District
Court. Case ordered reinstated ON the
docket.
No. $500 Ernest Merle vs. Southern
Paving Company. appellants.-From Sixth
District Court. Judgment affirmed.
No. 1894. James Wood. appellant, vs.
Eugene Wsggaman, civil sheritf.-Injunc.
ton on sale Of property seized for taxes.
Judgment affirmed.
BY JUSTICE HOWELL.
No. 1870 Carloss Z .pata vs.. William r.
Hodges, apDellant.-From Second judicial
District. Judgment affirmed.
No. 1921. Ieidore Newman l. Brother,
appellants, VA. NJ. Kaufman & Co. ct als.-
From Sixth District Court. A member of
defendant firm borrowed money on its
check for an indefinite time. Defendant
WE'LL was surety, on plaintiffs demand.
The check was presented and accepted.
There was no prolongstion of the term s
granted to the principal debtor without the
assent Of the surety. The surety has not
been released from liability. Judgment
affirmed, Justices Morgan and Leonard dis
senting
No. 6366. State ex rel. j. Paul Leblanc Va.
Judge of the Second District Court.-Pro-
hibition made perpetusl.
No. $3.50 Abel Mangin VS.. Mrs. Nicholas
Favre, appellant.-From Fifth District
Court. Prohibition perpetuaed.
No 1870 Mrs Bertha Louis ct al, appel
liant, We. William j. +. Pipin.-From Sixth
District Court. Case remanded.
BY JUSTICE wYLY.
No 1858. State Of Louisiana ex rel. A. E.
Carton vs.. Judge of Superior District
Court.-Mandamus. The amount of the
bond was excessive. Appeal to be granted
on bond of $500.
No 1857. STATE of Louisiana ex rel. Anais
de Bouche vs.. Judge of the Second District
Court.-We can not command the judge to
invade the appellate jurisdiction of this
court, as he wotll be compelled to do in
ate mpting to enfore judgment pending
here on q suspensive appeal. Application
for mandamus refused.
No 6373. State tx rel. James B. Alexan-
der vs.. Judge of Superior District Court
The court erred in refusing the appeal
MandaDus made peremprOry.
No. 1882 Edward +. Stockmeyer We.
Hiberna Bank. appellant.-From Sixth Dis
trict Court. On pr0missOry note. Judg-
ment reversed.
No 1855. A. Claudel VS.. Catherine Pa
lao, appellant-From Sixth District Court.
Judgment amended and affirmed.
No. 1924. State ex rel. New York Guar
anty and Indemnity Company vs. Board of
Liquidation.-On demand to fund bonds
under act No. ZIG OF 1869 mississippi and
Mexican Gulf Canal Company. The bonds
were issued prior to lhe constitutional
$25,O00,00O. IL can not be doubted that the
State can construct highway (railroad)
and can accomplish it through private
corporation. State aid wss guaranteed
under legitimate power; lG Wal, 67S; II A,
81; A., 4l; % A., GA. The tormsl ties OF
the statute were complied with Want OF
consideration can not be alleged against
those who acquired the bonds 10 open mar
ket. The State engineer certified the work
had been done, and the bonds were issued.
He had the authority on the evidence; Is
Wal $50; Wal, SO: Wsl, 38i; q How :,
$50; | BIZ, 1856; II Wal 35i; 81 Wal, l39
The ways and means ICONS, art. 1ll) were
provided tor. Mandamus to fund the bonds
made pereEnptOry.
No. 6067. John Sexton. appellant, vs.
John McMahon.-From Second District
Court. R-hearing. Judgment undisturbed.
No 60S2. BENJAMIN S Harrison vs. CarOn-
delet and Carrollton RAilroad Company,
appellant. - From Fifth District Court
Amos S. Collins, garnishee, residing in Car
rollton, he is not within the jurisdiction of
the court by act No. II of 1874. The pro-
cess should have issued from the Second
Judicial District Conrt. Judgment an.
nulled.
No. 49l4. State ex rel. F. c. Mahan vs..
Accommodation Bank, appellant From
Superior District Court. The court erred
perts to examine the books of defendant,
as it could not reopen the case. Judgment
annulled.
No. 6l22 Der amin S. Harrison vs.. same
Henry Heucberr, garnishee and appellant.
From the Fifth District Court. Judgment
affirmed.
BY JUSTICE MORGAN.
No. $3.50. State ex. rel. Charles Marin vs..
Judge OF the Fifth District Court.-Man.
damus made absolute.
No. 63Ss State ex. rel John j. Dardenne
va. judge Of tho Fifth Judicial District
Court.-Msndamus to grant suspneslve
appeal Rule made absolute.
No. 1854 State ex rel. Huppenbauer We.
judge OF Sixth District Court.-The bond
rendered was not q good one. Rule dis
charged.
No $3.50 State ex rel. Israelite Charitable