New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-24

TUESDAY, NAY %. 1876.

TEOCo0Ol0go U0IO10 hon. w. y. WOODS,
circuit Judge.
/ United States W. Dennis O'Brieu ct al
Conspiracy to defraud. Jury out
Proceedings before Hon. E. C. Billings,
district Judge.
J. B. Stockton. assignee Of A. J. and J.
y. Sypher, bankrupts, We. Charles H.
Walker, administrator of T. ]. Bronson.
Action for 5000 damages for illegal seizure
and sale Of the bsnkrupts' property. On
suprsme Court.
Present-All the Judges.
LuCien 4a-rerO, of the parish OF st. Ber-
nard, was admitted to practice in oil the
courts Of the State.
State OK rel. L. e. ROudauez VI. Judge of
Superior District Court.-Rule TO show
cause why Q mandamus should not issue
commanding an appeal to be granted on the
bond already given fixed for Wednesday.
May "a.
The following decisions were rendered:
BY JUSTICE TALIAFBRRO.
No. 6293. j. C. Moore & Co., appellants,
W. Delta Oil Company, city Of New Or
leans third opponents.-From Fourth Dis
trlct Court. Plaintiff sued on $4,000 of
mortgage notes, caused defendants prop
erty to be sold, and purchased it for 5000.
The court below ordered that no title should
V090 t14A buo VAA06 UuO tu0 OlVys V1OVVp W0A0
paid. There 10 Go evidence of judgment for
the tax of 1868, 3465. Judgment reduced
by this amount and attorneys and sherif's
tees, and thus amended affirmed.
BY JUSTICE HOWELL.
ward Hollander W. Judge of Fourth Dis
trict COurt.-The amount exceeding $500,
relator was entitled to an appeal on the
rule against him by Joseph Bilgery to be
put in possession of property purchased ct
. tax sale. Msndamus made peremptory.
- BY JUSTICE wYLY.
No. 5693. Estate of 8. w. Thompson W.
Samuel B. Allison, Mrs. A. L. Pagsud,
garnishee and sppellant--From Fifth Dis.
trict Court. Baker & Thompson furnished
defendant $l059 81 of lumber, he having
contracted to build . house for Mrs. Pa
gsud. He abandoned the work before the
second installment was due. He incurred
. penalty of $40 per day. which amounted
to $1,000 when she had finished the h0use.
She owed on the contract, if it had been
carried out. 1921 -, and claimed, ON the
penalty, in her answer, that Allison was in
debted to her $287 81. She was entitled to
the penalty. &c. C. 2l25) Judgment an
nulled and rule against the garnishee dis
charged.
Justice Taliaferr0 concurs with the Chief
Justice.
No. 1867. Succession of Daniel c. Dyer
Incorporation of Page n. Baker, E. L.
Jewell and w. j. Seymour, praying to be
declared partners in the New Orleans Bal
letin, or for compensation a. editors. The
court erred. There was no partnership,
and the funds belong to the succession. 1t
is probable there was . promise made by
Byerly that these opponents, who labored
to build M tho business and make the
paper Q success. should become partnere;
but that understanding was not carried
into effect, probably on account Of the sud
den death Of Byerly. Judgment annulled.
and case remanded to ascertain the amount
due for services - employees.
Justice Tsliaferr0 was recused. Justice
NorgAn considers there was part0erahiF
between Byerly and Page N. Baker, and
diAaentB.
BIZ JUSTICE MORGAN.
No. 394l. Summers & Brsnnin, appel
lants, 70. james 8. Clark.-From Sixth Dis
| triot Court. Plaintiffs received in Louisville
1859 barrels and 254 packages Of sugar from
II. N. Soria & Co., and sold it to third par
ties. It was seized and libeled by the United
| States. I'M der United States Statutes 81
Large. act of 1899. section fifty; act of Angus
| 6, 1876, section three; act OF July IL, 1866
/ e6OtIOu IOUE. 1l8luV1u6 CVAAPHOuAoOAs = 10y
| allega defendant was the owner, and claim
| Sll, Ol Al expended. They were acting a
q neqotiorum gestor e Bour. Dict, 10Y, il
| the interest, first, of the third parties; sec
| ond, of themselves. Their connection will
Clark ceased when they had disposed of thu
| sugar. He was not party to the com
| promise, which was their voluntary act
Judgment affirmed. Justices Howell ant
WHY dissent.
| No. 47O6. State of Louisiana VS.. Edwart
Booth, appellant.-From Superior Dlstric
| till his license is paid. The rule to set thi
aside did not put matters at issue. Judg
| ment reversed and case remanded, to Civ
| defendant an opportunity of answering.
| No. 5475. Succession of Francois Bou
gere.-From parish of St. Charles. Jadg
ment as to opposition Of Pelagie Marietta
Desire DupOrt, L. NJ. L. Duport, Josephin
d. Perrsult, Rosalie Marietta, Jacques
Marietta, Zeunde Gauthier and Vlcto
Gsuthier reversed so far as 1t gives any
thing to E. Fillieul, to whom no sum wa
assigned by the will; otherwise affirmed.
No. 6O19. State of Louisiana OK rel. w
r. Mills vs.. Judge of the Sixth Distric
| Court.-The reasons assigned by the judg
| of the district court why the mandarin
herein should not be made peremptory ar
not sufficient. Rule made absolute.
Superior District Court.
Mrs, NJ. l. KoOntz vs.. B. F. Joubert, Ia
collector of the Second District.-PetitiOne
alleges her property is advertised for sal
May 81, 1876; that the assessment is 81
cessive; that other property has been II
cluded for which she is not liable in taxel
and prays that the sale may be lnjoinet
Injunction issued on bond of $500.
Eugene Jorda vs.. city of New Orlean
and sheriff.-Petitione alleges that tn
State acquired by purchase at q tax sci
October %, 1875, under act of March 2
1874, certain property for 1894 "a; that
ceded it to Louis Fishel October 25, 1875, fc
the came price, that he purchased 1t
Fishel; that the title was certified by tn
State Auditor May 2, 1876; that by it th
property was freed from all membranes
that the city has eeized it for taxes, an
that the seizure is illegal. Defendants
show cause June Is why the property shout
| not be released, and plaintiff in the meal
time gives bond of 500.
euperior Criminal Court.
ACQUITTED.
Giovanni Cagnoletti, robbery.
CONVICTED.
Philip Hanmett, larceny.
SENTENCED.
Philip Hanmett, larceny, six months
the Parish Prison.
First District Court.
PLEADED GUILTY.
Jack Clark, of petty larceny.
CONVICTED.
Joe White, alias Buckner. of enterin
etc.; George johnson, of petty larceny.
ACQUITTED.
Margaret Toohey and Tony Bonner,
petty larceny.
SENTENCED.
Charles Williams, for petty larceny, tv