New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-25
NEW ORLEANS REPUBLICAN, SATURDAY NOVEMBER rs 1876.
COUNT RECORD.
FRIDAY, NOVEMBER "a, 1876.

COURT RECORD.
FRIDAY, NOVEMBER "a, 1876.
United States Supreme Court.
The following are of November 20:
No. $50. Charles Morgan, plaintiff in or
Tor, vs. the State Of LouisianA-In error to
the Supreme Court of the State of Louisl-
ana. The plaintiff in error claimed that GER
tain property Of the New Orlesne, Opelousas
and Great Western Railroad Company.
which had come into his hands by purchase
at mortgage sale and q sheriff's sale, was
exempt from taxation 90 his property, be-
cause it was exc mpt by law while the prop
only q franchise Of railroad company,
which is defined as Q right or privilege es
sential to the OPT rations Of the corporation,
auch as the franchise to run cars, to take
t. lis. to appropriate earth and gravel for
the bed of its road, or water for i's engines,
and the like, may be conveyed to pur
chaser Of the road as part of the property
OF the company; that immunity from taxa
ton is not one of these positive rights or
privileges essential to the working of the
road. but is personal in It's character and
incapable of transfer without express sta
tutory direction. Affirmed. MIR. Justice
Field delivered the opinion.
No. 933 of 1875 The S, Ina and Meridian
Railroad Company, appellant, vs.. the
Louisiana National Bank OF New Orleans.
MIR. Chief Justice Waite announced the
to reecind the order docketing and dis
missing THE cause and for leave to docket
same.
No. 4l7. John L. Davis, plaintiff in error,
Va. Alfred Slidell ct al-The motion to dis
miss this cause was submitted by Mr..
Thomas Allen Clarke in support of same.
and by Mr. T. j. Durant and Mr.. G. w.
Horror in opposition thereto.
No. 435. +. Huppenbauer, plaintiff in
error, vs. Alfred Slidell ct al-The motion
to dismiss this cause was submitted by Mr..
Thomas Allen Clarke in support OF same,
and by MIR. l.. Madison Day in opposition
thereto.
No 66s. Josephine Hale Ames, wife, etc.,
plant II in error, vs.. the heirs of John Sill
dell;
No. 6G9. Josephine Hale Ames, wife. etc,
plaintiff in error, vs. the heirs of John Sill
dell-The motion to dismiss these causes
was submitted by Mr. Thomas Allen Clarke
in support of same, and Mr.. d. G. Labatt
in opposition thereto.
NJ. ii (orginal). Er parte John Hender-
son. petitioner;
No 10 (original). En- parte John Hender-
son, petitiOner.-The argument of the petit
tons for writs Of habeas corpus in these
causes was commenced by Mr.. D. c. Labatt,
of counsel for petitioners.
superior District Court.
Pierre Lacaze Va. John Schmidt; same We.
P. A. Wagner ct al; same VS.. Slvsin Bat
tale ct al M. Lsnnes vs.. Bernard Barthe;
same va. II. A. Oliver; Louis Bales va. F.
Comminge ct al-Private market cases.
Defaults set aside Defendants answers
aocu oil o1JooofiOnn onA poservo
rights. They sllege the suits are wicked
and malicious, and brought solely to iniure
and damage petitioners. They also pray
for juriee. Ordered that plaintiffs show
cause contradictory why they should not
have them.
Crescent City Live Stock Landing aud
Slsughterhouse Company vs. Pierre Massi-
temps;-lnionction against elaughterlng
animals tor food at No 1922 Tchoupitoulas
street made perpetual, and &504 50 dam
ages awarded.
st. Mary Chtholic Boys Orphan Asylum
vs.. city OF New Observation-Disclosures aealnst
sale OF plaintiffs property for taxes made
perpetual.
Charles Lougue Va. ssme-Same decree,
| no legal notice having been given.
State ex rel Lord Cecil ct al. va. Board OF
Liquid ation.-Plaintiffs. residents of Eng
| land allege ownership of thirty eight bonoe
| of $1,000, issued under act No. l46 OF Jan
nary 3, 1870, numbered one to eighte an and
twenty -one to forty, with $40 interest cou.
pons due from January 3, 1874, to January
| 3, 1890, and issued in aid OF the Bayou Boeu1
and Crocodile Navigation Company; that
| they desired to exchange them for consoll
dated bonds under act No of January "a
| 1874; that he board refused until the bonds
| and pray that they be compelled to take
| Them. Rule to show cause fixed for No
! vember g.
! State ex rel Exchange Bank We. ssms.-
Relator, domicied in Canandaigus, Now
York. alleges that it owns five bonds Is
sued in aid of the Baton Rouge, Crosse
Tete and Opelousas railroad; that they
| were purchased 10 open market, and rels
| tor had no idea of any objection in act No
IL of 1875, and prays that q mandarin.
issue. Alternative writ granted for No
| vember %
| George c. Norcross vs.. city OF New Or
| leans; came VS.. same; Louis Flshel VS.
| same-Rules to erase recorded taxes hxeG
for December /.
Superior Criminal Court.
! TRUE BILLS.
! Murder-Ernest Westerhagen and Mrs
NJ. E Piingle, charged with the murder 0
| BENJAMIN WadewOrth on the evening o
| October l8, on Bienville, near TOnti street
Joseph Bstaille, charged with the muir
der of Andrew Bonito at No. . Hospital
street, on the fourth of June last.
NoLLE PRosEouI.
Breaking and entering, etc.-Thoma
Smith.
CONVICTED.
Stabbing with intent. etc.-Thomas Ma
Low, charged with stsbbing Louis Hill, o.
TchoupitOulas. near Julia street, April y
guilty of assault with dangerous weapon
| JURY.
Petty Jury discharged until Monday morn
ing at ten O'Clock.
| second District Court.
Succession of Edward A. Bridge openee
Fifth District Court.
Judge Cullom rendered the following ii
cision:
State of Louisiana on the relation of Mrs
Pauline Beautils, VS.. Henry Bier.-On fol
| mer trial of this NJ after it became my 0ut
| to compare, interpret and cOnstrue the a.
,icles of our Civil Code and the opinion
Judge Porter, read in the case OF Acosta VI
Robin, reported in N s., p. 5sI. After
careful examination the conclusion We
reached that the father of natural chill
might become the tutor of it, where 1T az
| peared that he had acknowledged 1t col
currently with the mother in accordanc
with article 256 of the Civil Code. The SCI
ond District Court having ordered and d
creed him (the respondent) to be the tutO
as appeared by the records OF the proceed
ings before it, this court concluded that
, could not revise the solemn Judgment thu
, pronounced. Indeed, the reiatrix had NJ
sought such an investigation. She praye
that the child IN question "be delivered an