New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-11
NEW ORLEANS TUESDAY, H. 1876

I COURT RECORD.
MONDAY, APRIL 10, 1876.
U.fted States Supreme Court.
On melton of Mr. John 4. Grow, George ". Co
ter, Etq., of New Orleans. LouieiN Q, W. Aomitt*
to practice IS An attorney ana coun'e'ol VI 'n'
Lesven worth, lawrence and Galveston railros
of the government. This 10 the Ossge land cas-
de- cision and 10 in favor Of the settlers.
justices Field, Swsne and Strong dissented.
Terry ~. commissioners Of Bans Of Alabama
RemAEded with direction to modify the deere
entered in conformity with the opinion Of tn
court and - SO modified affirmed with costs.
| Harrison W. Myer-Ffom Louisiana Affirmed
United states Circuit Court.
Presentation. ". B. Woods, circuit Judge.
The Grand iTry having presented ceEtain i1dies ass
ments, tn. following parties were sIra,gned. glv
9i7inS bail on more than one Indictment. Tim
WAs allowed until Wednesday to hle spec a. plea
The charges are conspiracy and refusal to produce
United States w. Thomas q. Webb, r. A. Benan
United States VS.. John Mcwhirter. Joseph Arm
Usited States vs.. S. ". Hammond, Alfred h
! lsascs surety.
United states 70. s. W. Hammond. John Meyer
United States W. T. ". Eaton, John ". Fai1fA,
United States vs. John Thorn, N. L. Eav,
U0ited States vs.. ". J. Behan, F. A. Beha,
United States W. John Henderson, P. Irwi,
United States Vs. william A. Thomas. P. Irwir
United STATES w. Edward FehrenDach Francil
| Rickeru surety.
United states W Alexander Mckee. Mortimer
UniMd states VI. C. Il. Wills. Thomas Anderson
United States w. John R. Beales. Chris Mccarthy
United States W. John G. Ryan, George Bic.
| surety.
| on the minutes together with letter Of the At
torEey General that al Louis ana convlcts should
| be sent to West Virginia instead Of Little Rock
Supreme Court.
Present-An the judges.
Cases were fixed for the week commencing Mon
fhe following decisions were rendered:
REnRAR1Ss RErrsED.
No. 6l32. Citizens Bank Va G. n. Bsylev.
No. 6l5l. Maria L. Barron vs. Joseph p. H0llebel
| Las and Sheriff John DeLacy.
No. 62Os. Monte v. Hickman ct IL Va Amos B.
No. tosi. State Of Louisiana ex rel n. st. Martin
district attorney pro tempore and parish attorney
Va the police Jury Of Ct Charles parish etiaL
No. 6099. Mary &. Pradat, widow Of W. Nor
cross, We. Margaret c. Legare and J. c. Legare
No. 6l6O &. 9. Briefly ". W. b. Johns and Sidney
Tanner, Administrator Of the estate of Jules
No Si4s !.w. Hickman ct a. VI c. h. wenet
No. Sl75 Pleasant Il. Davidson ct el vs. Mrs. Ma.
No. 55ls state Of Leuisiana w. Charles Morgan
No. GIG. William s. Calhoun, administrator OF
the successson OF Meredith Calhoun. w. John ".
No. GIGS James D. Ware W. william g. Vincent
10. 6lsa Miss N. N. Ada Calhoun VI. MerchApts
and Traders Bank.
BY cHIEP JUSTICE LupILlNG.
No. 6I34 State ex rel. MIRA 3. 3. Meux ~ Judge of
the Fourth District Court.-The Judgment rem
judges signature Aandanus to sign made per-
No sssa State Of Ioui.ian. VI Robert O. He.
judgment sthrned.
No. 62l2 Eugenie Marionnesux W. John 4. Dar.
Se orasr sf nS
ment affirmed. Justice Howell dissents.
No 6l3s. State ". Michael DEMONSTRATING
than mayhem. The court, having Jurisdiction, had
power to render judgment on the verdict which 10
responsive tn the Indictment. Wharf G. L., 384;
Chitty G l., 6SS; Bishop c. L.. $685. sS7, SsS. Judg
No. 54is. Peter Joseph ve. David Bidwen.-The
proprieter % Of the Ac.deSy % D Of M susie pnSc bic
theatre in the CITY Of New Orleans, for 5000
damages, for refusing to admit him into the
entitled him to . seat in the parquette Of said
asFssd and under @ the statute q the STATE the
court discharged the jury and rendered . judg-
ment in favor Of the plaintiff. We have been nm
able to discover anything unconstitutional in the
nss % S The
which guarantees trials BY jury has application
to trials in state courta This has been repeatedly
thirteen thirteen Of the constitut.on ton declares that "ail
persons shan enjoy equal rights and privileges
upon any CONVEYANCE Of . public character; and
which license is required By either state, parish
or municipal authority. shan be deemed places Of
70
out stinc'ion or determination on account Of
race or co or"
cste mere Abstraction, but it guarantees sub
stantial rights. TO facilitate the enforcement Of
these rights the General Assembly has enacted
to enforce them. An examination Of the evidence
in this record satisfies us that the plaintiff WAS
.udely denied % & admitt.nce % 70 the theatre on &c.
70. Walker and Decuir vs. Benson. Mr.: Justice
Taliaferro and | think the amount Of damages
majority Of the court do not agree in this the jude-
ment viii be rendered to 300 with interest from
the Judgment It 10 therefore ordered thst the
judgment Of the lower court be annulled by reduc-
plaintiff to $780, with ve Der cent per- per annum M S
the eighth Of June s snd C. costa 81 Of the
S~eso ~> 9>>~ ~f
the appellee.
Justice Taliaferro concurring:
found in the record Of this case, well satisfied
there has been, through the conduct of an agent
Of the defendant. . wanton violation Of right
knd privilege secured to the plaintiff by the con-
stitution and laws Of this State, - we'll - by the
paramount law of the land. / am equally well
petra'ed from no other confederation than that
the plaintiff is . man Of color, and that the per
sona indignity offered him proceeded solely from
legal right to enter on. the same conditions that
other SPECTATOR enter. the place OF public amuse-
ment managed by the defendant renders the latter
liable in damages to the plaintiff, for the act Of
the agent, under the circumstances OF this case.
must be regarded az the act of the principal.
= not eIorb;tsnt or Hynrees0n.h,e and the iu6e
ment ought to be affirmed.
Justice Wyly dissents, thinking e100 sufficient.
,ession Of F. Norbert Marionneaux-From Fifth
Judicial District: Appeals from orders of homolo:
sstion and partition: The psrtie. may be relieved
2se; Rob. as; c. p. 1923, 1890; G. C., 1904 Ap
peas dismissed.
Justice Wyly dissents:
No. 6232 In re estate of F. Norbert Marionneaux;
eugene Dupuy. appellsnt.-FIom parrish court Of i
he second family meeting confirmed. Oppositon |
# John Dsrdenne rejected.
No; g. S2s6 louise Mast9n H;st ,vs;. vs Schmidt
pjunctien to prevent tho sheriff from putting the |
purchaser in possession. 1t was sold to pay the |
,urchase price. b. s., l6s2 Judgment reversed,
With $50 damages.
No. 622i. Robert o. Hebert ct al v. John H.
Jackson, sheriff, ct al, appellants Plaintiff, ex
cutor Of Mrs. Vaughan. qualified, and after ward
,is country. By succession Of Poindexter, 19 A.,
2, and vogel, 20 A., 81, he became functus oficio
1e was never reappointed. He was the only de-
endant in the suit of 1863 The judgment was .
utility. Article l49 Of the constitution has sp
'lication. Judgment perpetuating the Injunction
q Gilbert vs. hebert affirmed.
Justice WHY dissents.
By JUSTICE TALIAFERRo.
No. $685. Wade H. Gilbert va Paul o. Hebert |
of /