New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-18
! COURT RRCORD.' !.
SATURDAY, JUNE ~, 1876. .
United States Supreme Csurt.


United States Supreme Court. 81
The following Was promulgated june II:
No. $751; Eliza W. Warfleld, plaintiff in
error, vs.. John Chafe and Cnarlrs Chaffe,-
In error to the Supreme Court Of the State
of Louisiana. This action was commenced
in the fourteenth District Court in and for
the parish of tOuachita, Louisiana, to re-
cover the amount due upon note made nv
Mira. Wsrfield, the plaintiff iD error, TO w.
J. G. Baker, and by him Endorsed to the
plaintiffs below. John Chatfe and brother,
Judgment was asked for the amount
claimed to be due upon the note:
ard also for "$l5 costs of stamping"
Attached to the petition was copy
OF the note, bearing date May 3, 1867 be-
low which was the following: "OIiginal act;
duly stamped and Cancelled by collector
OF third district Of Louisiana this third
day of Seutember. 1872. #. A. Hall, deputy
YecOrder."' Mrs. Warield answered the pc
Triton, aud, among other defenaes, sue in
sisted that there were not any revenue
stamps on the noe when it went into the
hands of the piaintitfs, and that they bad
no authority to put stamps upon 1t. She thus
by the pleadings teodered An issue of fact.
The principal contest between the parties
was as to the PLAINTIFF title to the note,
ard w. j. Q. Baker was permitted to inter-
vens in his own behalf, and to insist that
be was the owner. At the trial 10 the dis
trict court no question as to the stamping
of the notes appears to have aen presented
or decided; certainly no testimony was Of
On either side in respect to it. All the
testimony in the case appears upsbe incOr-
porated in the record. Judgment having
been given against Mrs. Warield and Baker
in the district court, they each appealed to
the Supreme Court. where the judg
ment was affirmed in July, 1874 In the
opinion of the court, which comes here as
part Of the record, the only reft renee to the
question Of stamps which appears Ia as fol-
lows: "rhe objection that the note was not
stamped not having been made when it
was received in evidence, can not be
considered" In the petition presented
by the Chief Justice OF the Supreme
Court Of tho State for the allow
auce of this writ, it Is stated for the
first time in the case that the defen-
can't, Mrs. Warheld, claimed the privilege,
night and immunity Of being relieved and
exempted from ali liability on the note or
ohl:g alton sued on, under the laws Of the
UniGed States requiring such instruments
to be stamped TO give them validity
at the time the instrument sued upon
was executed. AID the decision Of the
Supreme Court OF the State denied
the claim. The record sent here from
the Supreme Court does not disclose any
such claim. The petition for the allowance
of the writ in this Court is not part Of the
record Of the court below. We act only
upon that record, and that does not show
that any federal question was either pre-
sented by the FL saalpgs or upon the trial in
the district court, Or decided by the
Supreme Court. The motion to dismiss for
want Of jurisdiction must be granted. The
Chief Justice delivered the opinion.
Superior District Court.
William II. Aymar ct al. vs. Consolii ated
Association of Piantsrs.-PatitiOn sets forth
incorporation of defendant act March is,
1897; judgment of forfeiture of charter Nc
vember II, 1912; act Of 1885 providing for
liquidation two years from June 30, 1913;
acc of 1917 creating liquidating directors to
serve until 1866; that the liquidation is al
an end, and there ara no legal persons to
administer the aft .irs; that the State Of
Louisiana is now Liable on the bIndf; thai
the bank is in debt; that large sums ARE due
it; that litigations are pending; and prays
that a receiver be appointed.
First District Court.
EOLLE PROsEQUI ENTERED.
John McGuin. Michel Flanagan and Pa
Shannon, receiving stolen goods.
INFoRMArIoNs.
Assault and battery-Ma.h hide Henry.
Petty lalceny-Robert Butler, Edward
MrManus.
PLEADED GUILTY.
Edward McManus of petty larceny.
SENTENCED.
Assault and battery-Auguste Manue'
enc day; Henry Thomas, che hour.
Fourth District Court.
Louis Mathe vs.. Gu stave FOrkter.-De
| fault confirmed for SAL.