New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-15
COURT RECORD.
TUESDAY, NOVEMBER IA, 1876.
Superior District Court.

SU0ef1Or O1ott1CS COUfSs
Pierre Lacaze We. j. Mschado.- Private
markets (MaRazine). John Schmidt purged
himself of COntt mpr.
Charles LANCE W.. Pierre .Suberville and
Silvain Pedelaharre.-PetitiOn for iDjuno
ton against defendants for keeping private
markets within ~elve squares of Washing
ton Market and for $500 dsmsges. Ipjunc-
ton issued on bond Of $3.50.
L. Bales vs. F. COmminge ct al.-Pri-
vste markets (Treme). jean Barres zen.
fenced to ten days for contempt and purged
himself. L; Dnrao, Louis Eris, B: Moule-
dOus and j. Carpenter sentenced to ten
days. Adam Wagner, Sentenced Monday,
purged himself. Charles Seavertte, on
attachment, purged himself.
NJ. Lannes vs.. B. Barthe.-Private mar
kets (Msgazine). Attachment issued for
defendants empioye, Carloss.
George C. Norcross vs.. D. Genella-
Sheriff ordered to put the plaintiff in pos
session of property purchased at tax sale.
Benjamin +. Flanders, receiver Of Con:
s0'idated Association of Planters, vs. Sheriff
Petitioner claims the pur-
chase of property at tax sale by B. F.
JOube1t, OF the Second District, in the case
of the State vs. Banjamin s. Harrison; that
George c. Norcross claims title by virtue
of purchase of the sheriff in the case of
the drainage commissioners vs.. same, and
prays that the sheriff be restrained from
giving him title. Injunction issued on
bond of $500.
First District Court.
PLEADED GUILTY.
j. 81. McVey, of petty larceny.
NoLLE PRosEQUI ENTERED.
Petty larceny-Nelson Lewis and John
Lewis.
Assault and ba,tery-Mrs. Barnes and
Judy Judd.
George Thomke, of petty larceny.
SENTENCED.
Ed Dumas, assault and battery, IS fine;
Corinne Brown, wounding less than may.
hem, ten days.
Fifth District Court.
Judge Cullom rendered the following de-
cisiOn:
Mrs. Pauline Beaufils vs. Henry Bier
Habeas corpus for an acknowledged natu-
raj child of the partiee, aged eight years.
Defendant claims custody by virtue of q
Judgment of the Second District Court of
October q, 1875, and acknowledgment Of
May %. 1869 Plaintiff acknow lodged it
October 81, 1876, and claims the judgment
il . nullity. There is no parallel caee in
Louisiana. 1t Is true there Can be no tutO
of legitimate childre. when both parents
are living. C. c., 246, $50; r., 30. This
does not apply to acknowledged illegiti-
mate natural children.
Relatrix claims natural children can not
be submitted to paternsl authority; Acosta
Vs. Robin, N. S 1857; e. C. 23S. This was
modified by the revision of March IA, lS2e22,
adding the present G. c.. $50. not in the
code OF 1903. Under this the father may
have the tutorship only when the acknowI-
edgement has been with the mothers con-
sent-by both of them. Except under this
c. c. 205 would have no effect.
The concurrence of the mother is ALSO.
lutely necessary. Judge Porter, in 7 N. S..
1897, appears to have only examined the
code Of 1908, and not the code OF 1925, art.
256 QS70) the defendant can not retain
the custody without the mothers consent.
Il has been contended that the judgment
comforting the tutorship on the defendant
in this case is not void. / am fully inn
pressed with the sacredness of the domain
which lies between my brother of the Sec
Ond District Court and myself as the organ
of this. He had jurisdiction of the subject
matter Of tutorships, but must recognize
the exercise of such right as prima facie,
when the law positively prohibits it! I'm
willingly, think not, and must therefore
grant the writ as to the custody OF the
child.