New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-13
COURT RECORD.
SATURDAY, AUGUST IL, 1876.


/ superior V1oGk1C6 CO0f6s
Abraham Hayem Vs. h. A. dwell ct ais
lnjunctione on keeping private markets
within twelve squares Of Magazine Market.
Cause to be shown, Tuesday. August Is.
| why B. Barthe, j. Mschado, Adam Wagner
and Joe Hugg, defendants, should not be
punished for contempt.
Louis Bales W. F. Commingo, Basil
Medue. Sylvan visla, D. Couget, E. Astre-
que, Noel Lsoassiere and jean Marie
Bruno.-Petition against keeping private
markets within twelve squares Of IRENE
Market and for $500 damages. Injunction
issued of $4,000 bonds.
Fifth District Court.
State Va. Charles Ferris.-Petty larceny.
Sentence Of forty-dve days.
William wilkinson VI. keeper Of Parish
Prison.-Hsbeas corpus. Continued to
August IA, the court having the question Of
jurisdiction under elaboration.
Third District Court.
Judge Meunisr rendered the following
decision:
B. Courtney vs.. George Swan, Shak-
epeare, Smith & Co, gsrnishess, APPELLANTS.
Bartney Courtney having obtained jud9-
sum Of $3l before the Second Justice Court
for the parish Of Orleans, instituted pro-
ceedings Of garnishment against Shak-
speare. Smith & Co., of New Orleans. To
the interrog atories served on these latter a.
garnishees, Shakespeare, Smith T. Co. an
swered that George Swan, the Judgment
debtsr of B. Courtney, was employed By
machinist ct the rate Of q IS per day, and
that they were indebted unto him at the
time of the service of the garnishment
process, in the sum Of $l3. On rule to
show cause being taken against Shak-
speare, Smith & Co., the garnishees herein,
and these latter having been condemned to
pay to B. Courtney, the judgment creditor
Of George Swan, the sum of Sl3 due him
for mis- wages a. above stated, the said
garnishees have appealed from that judg-
ment.
The only question presented by tho
pleadings herein, is whether, under the cot
Of April 4. 1876, amending article GA of tho
Code Of Practice, and exempt1ng from ssiz-
ure the "laborer's wages" George Swan.
who is employed a. workman and machin-
ist in the garnishee's foundry, is, in legal
intendment, 'laborer," whose wages are
not liable to be seized9 am Of opinion that
this query must be decided in the afirma-
tive The services of George Swan in
Shakespeare, Smith & Co.'S foundry, ~ L.
borer and machinist, do not proceed from
the study Of the science of the laws of mat
ter and motion, Is applied to the construo-
ton of machines, of that science that trostB
OF forces and powers, and their action on
bodies, either directly or by tho interview
ton Of machinery; but Swans services con-
sist of manual labor, being employed in
the gsrnishee's foundry, merely a. work
man, attending to the casting of pieces Of
machinery, and preparing and working the
same to be adapted to the intended effect-
Swan, therefore, belongs to that class of
laborers whose wages are exempted fro0
seizure under the act of April 4, 1876,
amending article GA of the Code Of Prsc-
tioe.
For these reasons it 10 ordered and de-
creed that the judgment rendered BY tho
lower court against Shakespeare, Smith e.
Co., garnishees herein, in favor of B. Court
nay, creditor of F. Swan. be reversed and
annulled; said B. Courtney paying costs in
both courts.