New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-22
COURT RECORD.
MONDAY, FEBRUARY 81, 1876.

| MONDAY, FEBRUARY II, 1876.
United States Circuit Court.
Present - Hon. w. B. Woods, circuit
judge; Hon. E. c. Billings. district Judge.
Adjourned to. February %, 1876.
United States District Court.
Presentation. E. C. Billings, district
Judge.
Court was opened for the first time during
the November term, and adjourned to Feb
ruary %.
Supreme Court.
Present-All the judges.
The following opinions were rendered:
BY JUSTICE TALIAFERRo.
No. 6050. State OK rel. M. Morgan's Sons
VS.. Board of Liquldators, appellants
From the Superior District Court. Man
damus to compel the funding of bonds OF
! the North Louisiana and Texas railroad,
| under act No. l0S Of 1868. The State al
| tirmed the conslltutouality Of it's suit
against the road by making it a basis OF a
suit; 25 A. IS. BY this decision act No. 81
| of 1872 is constitutional. See State VS..
| Richard Taylor. Judgment affirmed jus
tice Morgan dissants.
No 1915. j. T. Burlington ct ais, appel
lants. VS. Charles Clinton, State Auditor
From Superior District Court. Mandamus
for warrant for $22l4 30, under act No. 80
of 1873, apprOpriatlng that sum Ter their re-
| lief. The amount was not neet sSarlIy TO De
paid out "f the revenues Of 1870. The re-
lators' right to be paid ar some time was
not annulled whether the revenues of that
year were exhausted or not They were
entitled to warrant. Judgment annulled,
and mandamus mad peramptcrv.
No. 60S3. E. j Gay & Cows. G. Nicoll, sher-
if ct al, appellan From Fifteenth Judi
cal District. The difference of dates was A
clerical error. The plea of estOppel was not
we'll founded. Judgment affirmed.
No. 1859. John G. Nicely 4 Co., appel
lants, vs. T. L. Airy Il Cc.-From Fourth
District Court. The defendants, as plain
titf's agents, should have acted promptly in
causing protests. 10 La, $40; 10 NJ, 107; 8
La, $50; II Rob, 2l3 Judgment reversed;
plaintiffs to recover $1,000 from defendants.
BY JUSTICE HOWELL.
ais, appellants.-From Fifteenth Judicial
District. On lease and St izure of products
OF plantation. Judgment reversed and
John Williams, intervenOr, decreed owner
of the machinery, etc he having been
prior lessee who simply left his property
until it could be disposed Of
No. SOL. City of New Orleans va. es-
tate of Samuel Stewart, appellaDt.-From
Superior District Court Tax suit. Judg
ment affirmed.
BY JUSTICE wYLY.
No. 61O2 Succession OF Marx Schon-
berg Opposition Of Schneider Il Zuber-
bier, appellants. The question Of law was
whether the tolls received from the ferry
across the LatOurche, at DonaldsOnville.
belonging to decreased, since his death are
liable for the payment OF his debt to oppo-
nents. The court decided they belonged TO
the heirs under act No. Is, 1870, desgnat
ing them to keep the ferry. The appeal
can not be dismissed, because under the
agreement the inquiry is limited to the
question of law, and whether all the evil
dence is submitted or net is immaterial
The heirs are not necessary parties. They
succeed under the act. The statute author
lzed the sale. Whether it did or not the
funds in the hands OF the administrator are
liable tor the debts of the deceased. Jud G
ment amended, opponents to be paid out OF
the funds arising from the ferry belonging
@ deceased, and affirmed.
No 6Oi6 Lada Fors,ail Va. Clara Durel
and Widow E. j. Fulst~ll ys. Widow V.
Chopin. consolidat+d.-trom Parish Court
of ST. James Controversy between the
surviving widow and universal lrgatee.
Jud .ment in favor OF the heirs of Edmund
Forstsll affirmed
No. 1893 Isaac Boom vs.. Frederick
Shonekas. appellant.-From ghth District
Court. Controversy TO abate a nuisance.
Judgment affirmed.
Superior District Court.
Judge Lynch, Of the Fourth District
Court, Judge Hawkins being still unable to
appear, opened and closed court.
superior Criminal Court.
INFoRMATIoNs.
Carrying concealed weapons-Charles
Needham.
Grand larcenv-Hattie Cook, Gaetano
Stevens Louisa Moore.
NOLLE PRosEQUI ENTERED.
j. B. Jacobs, shooting with intent TO
murder.
Joaquin Florence. of murder of his wife, |
Marie Louise, January IL, at NJ. 1873 Bour- |
bon street, she dying February 4.
First District Court.
INPORMATIONs.
DAVIS. alias johnson.
PLEADED GUILTY.
George Naliy, of petty larceny.
CONVICTED.
John Adams, of petty larceny.
SENTENCED.
William Toney, petty larceny. two years
Second District Court.
SUGGESTIONS of Samuel Todd and Jacob
kuhner opened.
Henry Vollrath, Eoise E. Barnett and
Anna Barnett pray to be emancipated.
Sixth District Court
In consequence of the illness of Judge
;aucier. the court was opened by Judge
Collum, and all cases continued with prefer
nee