New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-08
COURT RECORD.
MONDAY, AUGUST 7, 1876.
Superior District Court.

CITY of New Orleans vs.. p. Aleix.-Li-
cepse tax. Rule for contempt dismissed.
George C. Norcross Va. Anthony Mertz.
weiler.-Order on sheriff for possession OF
property purchased by plaintiff made per-
Same VS.. Mrs. NJ. A. Howard.-Same
order.
Louis Fishel vs.. P. G. Labarre, ct al
Two cases. Same order.
Edward p. Shute VS.. Miss c. Glaudin.-
Same order.
New Orleans Sanitary and Excavating
Company VS.. New Orleans Sanitary and
Fertilizing Company.-Rule to dissolve in
junction fixed for August a.
State ys. Charles ClintOn.-Injunction on
appropriation bill of 1875 dissolved as to
s. Vandusen, $500; H. Taylor. $3.50; II.
Cohen, $500; BigelOw Yates, $3.50.
New Orleans Seaman's Society vs.. F. j.
Herron.-Rule to show cause why tax
mortgage should not be erased fixed for
August IA.
Abram Hyem vs.. a. A. dwell ct ell
Injunction against keeping private mar
Market Motion to bond the injunction.
In refusing the motion, Judge Lynch re.
viewed the proceedings under act No. 81 of
1874. The question was not yet settled.
Bv an appeal in another case, the absolute
enforcement of the law was etill postponed,
in spite of decision of the Supreme Court
sustaining it. The law did not prevent any
one from selling meat, it only restricted all
to certain places. In q climate like that OF
New Orleans that seemed to be Q proper
regulation, and within the power of
the Legislature to prescribe. There had
been efforts, sometimes successful, to use
the courts as q means Of evading the law.
Iniunctions lad issued from this court to
sustain Q violation. Counsel had resorted
to every expedient to evade it. That was
q legitimate performance Of their duties.
But the court can only look at the law. BY
it the business Of the defendants was an
the court would use its discretion to allow
the defendants to continue to violate the
law. It would also have to consider the
facts of the petition as falsely stated when
they are presumed to be true. The court
can not aid law breakers. Code of Prac-
tice, page 307, has been cited with tho allie
cation that dissolution will not work an
irreparable injury to defendant. As before
stated, it is Q matter of discretion, and this
case Of the defendants being direct vio-
lation of the law, the motion to bond is re-
fused.
Same Va. same.-Rules for contempt on
Adam Wagner mot found) and j. Dentag-
non. It being shown that the private mar
ket of J. Dentagnon had been kept open in
defiance of the Injunction, ne was con-
demned to ten DAYS imprisonment.
Adjourned to Wednesday, August9 ..
First District Court.
NFoRMATIoNs.
Petty larceny - Henry Waters, John
Williams.
Breaking and entering-George Miller.
Assault and battery-Charles sweeney.
JURY.
Two hundred additional jurors are Or
dered to be drawn to complete the panel.
Third District Court.
Jean Dentagnon vs.. keeper Of the Parish
PrisOn-habeas corpus.-Petii0ner alleges
he is illegally confined on q writ OF con-
tempt from the Superior District Court and
claims his release.
l. Because his case was Transferred to
the United States Court before the sentence
Was passed, in accordance with the pro-
visions OF the act of March 3, 1875, relative
to such transfers when an alien is q party
and an affidavit is made that Justice can
not be obtained.
3. That the commitment is informal and
irregular.
8. That the court was without jurisdic-
tion rot;oue materia and that it belonged
exclusively to the First Distri ct Court.
Writ made returnable at seven O'Clock.
Arguments hesrd and and decision to be
given Tuesday, August 8.