The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-11
THE COURTS.
surrnlon ptsrn1er oounr.

THE COURTS.
SUPERIOR DISTRICT COURT
Southern Bank vs.. Louisiana National
Bank ct ais, No. coil. Appeal from Su-
perior District Court.
The Southern Bank, as holder Of q
large number Of interest coupons dc.
taehed from certain bonds Of the city Of
Now Orleans, alleged that the funds
resulting from the collection Of taxes
specially imposed to phy said interest.
had been deposited in the Louisiana
National Bank to the credit Ut the hold
ers or bearers Of such coupons. ana
caused a writ Of seduestration TO issue
against the said funds, claiming to be
the owners thereof. and averring an ap-
prehension that the defendant bank
would part with or dispose Of the same
during tho pendenoy Of this suit, which
against The Louisiana National Bank,
the directors thereof and the city of
New Orleans TO be declared the owner
| OF the fund sequestered. aud to con
denim the said parties to pay the amount
Of the coupons.
| The defendant bank and the city Of
New Orleans moved to set aside the
writ OF sequestration, on the grounds
that the petition sets forth no ctstlse for
the iss,ianee of the writ that under act
| No. i, uf 1870, courts IRE prohibited
from issuing writ Of seauestfation. or
any other writ. the object Of which Is TO
enforce the payment of money claimed
! 10 he duo by The city of New Orleans .
that the money which H. is sought TO
seu,tcsipt Is n debt due from tho Lou
isiana National Bank as u depositary to
The city vf Ncw Orleans as dopositor .
that The same is MT the property, ot
plaintiff and plaintiff Is NOT entitled to
the possession thereof. anil that the
said indebtedness cannot be sequester-
| oil. even If II writ of snuuestrhtion can
legally issue against the city that the
affidavit Is not true and the bond
is insufficient. that the writ of
| sequestration can legally issue
only to enforce q right of ownership or
possession or privilege on property. and
no such right Is disclosed in the petit
tion, and that the defendant bank is
not the fiscal agent Of the city,
| The sequestfation was dissolved and
thn plaintiff appealed
| The evidences shows TINT the Louisia
ana National Bank is not tho fiscal
agent of the city, and that the fun'ls In
question are deposited by the city as de-
lositor to tho credit OF the interest
funds, aud to be checked on rs such TO
pay the interest coupons, which does
not, in our opinion. vest tho title to the
said funds in tho holders Of the
coupons. aud hence such hold
ers cannot properly sc1uestsr the
ground uto fear that the city will
| divert tho funds from the purpose for
which they were collected and deposit
ed, there Is u remedy 10 prevent II, but
| II In not by sequestratjon. The defend
ant bank being " depositary of the city
I'm individual lepositor Of said bank
| the writ Of seauestration cannot proper
| ly ISSUE against tho bank on u claim
against the city. In any view OF tho
faets of this c,.ss and the relations be-
tween the city and the defendant bank,
remedy Of tho plaintiff, and the writ
was correctly set aside. Judgment
affirmed. RehearlnE applied for
srrnRion CRIMINAL COURT
Grand Jury Findings IN Tho cases of
Frank Romeo alias Dago Frank. charg.
ed with murder. October az, 1875. and
John Brown. charged with lnau-
slaughter. December ~. 1875, tho Grand
| Jury finding was not q true bill.
| Continued The motion ~ duash the
| indictments against u. w. Dewses, j,
1. Matthew'S j Ross Stewart. X. II. Hay
and ! Davis, charged with bribery,
flsed for trial On Monday, was continued
until Wednesday
hrraigned- Emile Hoffman, charged
with embezzlement. plead not guilty.
! VIM Robinson charged with carrying
n concealed weapon, plead guilty.
Acquitted jus. McCarrigan. charged
with shooting aud wo,nding Michael
! MGtlaughlin with intent 10 murder,
was tried aud verdict Of not guilty
was rendered.
rlilsT DISTRICT COUNT.
tnTormatious were filed against Geo,
williams, Mary Cecelih. John II. Hun
ter aud Fred Williams. all charged with
! larceny, Jennie Edwards. assault md
battery, Henry Jordan, shooting with
intent 10 commit murder.
/ Sentenced Nicholas Mosignio plead
guilty of simple assault and was lined
Va 80. or in default Of payment ~ hours
In the Parish Prison.
FOURTH DISTRICT COUNT.
Jose Domingo vs.. Thomas Matkey.
Judgment for plaintiff for $27i 80.
Herman PohlDlan vs.. Anais De Bou-
chel. Exceptions dismissed.
John T.. Walworth w. John g Ste
venaon. Judgment for plaintiff for
$tD3S 49, less the sum Of S577 80.
Eliza Boulon wife, etc, vs.. Eugene
WaQgaman ct ais. Judgment for de-
PENDANTS 1ismissing plaintiffs petition
and dissoNing the injunction with five
per cent damages on tho account
enjoined.
Mrs. Wallace vs. her husband Judg-
ment for plaintiff, decreeing separation
Of bed and board and custody OF child.
Mary H. Fitzpatrick, wife of John D..
O'Brien, w. Finney Il Byrnes and the
Civil Sheriff. Rule 10 set aside and dis
solve injunction discharged-dcfcnd-
ants having the right to renew said rule
within Ave days, II plaintiffs fall to give
additional bond as ordered.
Henry Laskey ct al. vs.. Merchants
Mutual Insurance Company. Jndg-
ment for plaintiff Tor $4,000.
UNITED STATES CIRCUIT COURT.
This Court was opened on Monday
morning. but Judge Woods had to leave
| Immediately for Mobile, and the Court
was adjourned until next Monday
SUPREME COURT DECISIONS.
Monday, January 10th, s76.-Present,
Associatc Justices J. g. Taliafero, II.
X. Howell, w. q. Wyly, L. II. Morgan.
Absent Chief Justice j. L. Ludcling
| By Justice Taliaferro:
No. 5s90-Mrs. Widow l.. Cormier, ap.
pellant, VS.. M. Soyer ct als.-Plaintifl
enioined writ OF seizure and sale, on
tho ground that the note and mortgage