New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-07-29

l cur t6 VI duObuoC uaIlOu. All O0pouUo upon
himself. In this case, Diekelman, claiming
to have been injured by the alleged wrorg g.
full conduct of the military forces of the
United States, made his claim known to his
government. 1t was taken into considera-
| ton and became the subject of diplomatic
correspondence between the two nations.
Subsequently Congress, by ioint resolution,
| referred tue matter to the Court of Claims
"fOr it's decision according ito law" The
| courts Ofthe United States were thus opened
to Diekelman for this proceeding. In this
way the United States has submitted to
| the Court of Claims, and through that court
upon appeal to us. the determination Of the
| question of their legal liability under all
the circum tances of this case for the pay
ment Of damages to citizen of Prussia
! upon claim originally presented by his
| sovereign il his behalf. This requires US,
| as we think, to consider the rights Of the
| claimant under the treaty between the two
| governments as we'll an under the general
| law of nations. For all the purposes of its
| decision, tire case is to be treated as one in
which the government Of Prussia is seek
| ing to enforce the rights OF one OF Its
| citizens against the United States in a
| suit at law. which the two governments
have agreed might IN Instituted TOR that
purpose. We shall proceed upon that by
pothesis. Il is held that, under the gen
| eral law of nations, when the Essex awaited
| herself of the proclamation, and entered
the port. she Essented TO the conditions
| imposed, and can not complain if she was
detained on account of the necessity of en-
forcing her obligations thus assumed. The
place was under martial law. and became
subject to it. As to the treaty, i: contains
no provisions which int Jrfere with the
tight CT the United States under the law Of
nations to withhold clearance as a means
of enforcing port regulations. The Essex
preferred detention in port TO a clearance
on the conditions imposed. Reversed, with
directions to dismiss the petition.
Supreme Court.
Present-Chief Justice Ludeling and as
tees Howell and Morgan.
The following gentlemen were examined
by the court and admitted to practice:
j. w. Willis. of Richland: NJ. S. Grain, OF
Caddo: c. L. Berry, of Madison.
The following decisions were rendered
July IS and a:
BY CHIEF JUSTICE LCDELING.
E. W Warted VS.. George b. Hamlet ct
al.-Frcm OuacEita Judgment amended
BY annulling the allowance Of damages to
defendant.
Succession OF E. P Ove1by.-From More
house. Jud gmant affirmed.
Ably & Catchings vs.. j. Harvey Brigham,
curator-From MSrehouse. Rehearlng re-
fused.
Henry A. Jones va. T. NJ. g. r. L. Gilmer.
heirs Of John A. Quirman, intervenors.-
From Caddo. Judgment reversed, plaintiff
decreed to be owner Of the lands: claims or
heirs of John a. Quitman rejected. and case
remanded to determine amount of damages
and value of improvements.
A. E. Paul vs. Jacob HOss.-From Caddo.
Judgment reversed in fvvor OF defendant.
William E. Wamsley We. George w. Rob-
iason.-From Red + yer. Judgment re-
yersed and case remanded
Joseph p. Baird VS.. Z. S Turner and
sherif-From Red River. Judgment al
tirmed.
Joseph P Baird vs. Louisiana NJ. Brown.
husband, ct al.-From Red River Judg-
ment affirmed.
Eliza Tison We. r. L. Tennehill, sheriff
From Vim. Judgment reversed and plain
tiff-s Injunction purpetuated.
Josiah Morris & Co. VS.. Reuben White
From Caddo. Judgment affirmed.
A. b. Levisee vs.. NJ. Miller.-From
| Caddo. Judgment reversed. Plaintiff to
recover $500, and the mortgage TO be recog-
| nized.
Meyer. Weis & Co. VS.. Mech Il Veil
From Caddo. judgment reduced from
| $1,000 to $50.
Mrs. A. n. Jones VS.. Florsheim Broth
ers-Fco Caddo. Judgment affirmed.
T. J. Anderson VS.. Gregg < Ford.-Eron
| Caddo. Judgment affirmed, with ten per
cent damages for frivolous appeal.
BY JUSTICE HOWELL.
Wallace g. Co VS.. Thomas L. Durham.
| John Chaffs Il Sons ct al. iptervenors.-
| From Ouachita. Judgment affirmed.
3. S. Hardesty 70. j. A. L!ddell, sheriff.
| ct al-From Rchland. Judgment reversed
| and INJUNCTION pecpetnated as 70 sections
| Twenty-Five and tWanty:ix. township tit
| teen north, range six east, described in the
| petition, ard dissolved as 10 the other prop
| erty seized.
! BENJAMIN Jacobs vs, N. Moch ct al
| From Caddo. Judgment affirmed WITH ten
| per cent damages for frivolous appeal.
| John T. Lear ys. William He finer sheriff.
| ct al.-From Caddo. Judgment reversed
ard injunction perpetuated.
D. Davis & Co. vs.. S. Levy, Jr.-Frcm
! Caddo. Judgment affirmed.
Proctor g. Gamble and Richard Perry d
| Co. VS.. E. j. Piggott ct al.-FrOm CaddO.
| Judgment affirmed.
A. d. McDermott, tutrix, vs. Life Assc-
citation of America.-Froln Caddo. Judg-
ment affirmed.
Cazaux & Vergnole VS.. L. B. Fill!quier.-
| tiff to recover $6S7.
j. w. Chatham vs. s. A. Simpson ct al
From Caddo. Plaintiffs snit dismissed.
City of Shreveport vs.. Gregg Il Ford
From Caddo. Judgment amended by
! striking therefrom the reservation of the
right Of defendants to pay $l:O OF said
| Judgment in the warrants of the city OF
| Shreveport, and as thus amended affirmed.
L. d. ArIck vs.. T. j. MOore.-FrOm BOs-
sier. Judgment reversed. Plaintiff de.
creed to he owner of the land and injunc-
| ton perpetuated.
Abney Love vs.. Mrs. S. II. Whitfield
From Red River. Motion to dismiss appeal
! refused. Judgment amended by annulling
attachment and ordering property cold.
NJ. D. G. Cane vs. Caldwell Il Kahn
From Caddo. Appeal dismissed.
BY JUSTICE MORGAN.
F. L. Bridge vs. A. c. Simonton. From
Lincoln. Judgment reversed. Plaintiff g
mortgages recognized to the extent OF
$3.50, aud case remanded to ascertain the
| value Of the Improvements On the property
subject to them.
Joseph H. Mitchell, tutor. VS.. Mrs. E.
GiIberu.-From Ouachita. Judgment re-
versed and new trial ordered.
E. L. Strother vs.. G. B. Hamlet, sheriff
From Ouachita. Judgment reversed and
| injunction perpetnated.
Curatorship of S. j. Beecroft; opposition
| to final account of curator.-From More
house. Judgment affirmed.
j. B. Pickett g. Co. VS.. j. A. Haynes
ct al.-From Bossier. Judgment affirmed.
Thomas w. Jones vs.. city OF Shreveport
From Caddo. Judgment affirmed.
A. Fl. Leonard ct al. vs. w. 4. Smith ct
al-From Caddo. Judgment affirmed.
H. NJ. Hyams VS.. NJ. Besr.-From Caddo.
Judgment reversed in favor Of plaintiff Tor
$4,000.
John Phelps & Co. vs. Horace Bough;,
| ton.-From CaddO. judgment reversed
and attachment SGT aside.
Julius Lisso vs.. j. NJ. Hollingswortn.-
| From Caddo. Judgment affirmed.
/ I. G Graham We z T Stinsnn et al