New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-23

1upper, ana had no dealings with interven
ore who paid their money for it; it was no
liable to seizure while in their possession
It is . very hard case on the PLAINTIFF
for they have certainly been defrauded ou1
of their property. But it must not be los
sight of that Chaffraix & Agar sold theil
property for cash, and allowed Price, Hint
& Tupper to get possession of it without
the each being paid; that they did no,
record their privilege against it, and
brought NO suit to recover it until some
eight days bad elapsed after the sale. II
the meanwhile it had passed out of the pos
session of Price, Hine g. Tupper into the
possession of Marion, Bliss & Co., who paid
their money for it. Chaffrsix e. Agar can
only recover now from Morton, Bliss & Co.
upon the ground that they were CONNER
cial partners of Price, Hine & Upper, and
this We think they were not 1t is there
fore ordered, adjudged and decreed that az
regards Morton, Bliss & Co. the judgment
of the district court be avoided, annulled
and reversed, and that there be judgment
in their favor, and that the representation
herein issued be set aside.
Justice Taliaferro signs the opinion.
Chief Justice Ludeling concurs.
Justice Howell considers that Morton,
Bliss & Co. were either partners in the. .ad.
venture, or Price, Hine e. Tupper, their
agents, and are liable for the price to the
plaintiffs, who should be paid. He there
fore dissents.
Justice Wyly also dissents.
suDsr1sr District Court.
State ex rel. Attorney General and
Thomas Carey vs. John Rarr0w.-Contest
for the Office of tax collector of the Third
District. Verdict of special jury for de-
feDdant.
New Orleans Pacific railroad vs. Mayor
and Administrators.-Sep petitions as
to each. The defense except in each case:
l. That the act is unauthorized and with
out the permission and direction of the di-
rectors of the railway company; 2. That
there is NO cause of action; 3. That the peti.
ton is vague and indefinite.
Consolidated Association of Planters OF
Louisiana vs.. William H. Aymsr.-Plaintih
alleges defendant by purt ,ase assumed re-
sp0nsibility of mortgage for l73 shares foI
$50, 500 and $43. 200 loan; gives detail Of
account and claims - due $9S58 IS.
Superior Criminal Colrs.
TRUE BILLS.
Embezzlement - Philip Kleee, charged
with embezzlement of sb0ut $4,000 az tutor
for the minor Frederick Theodore Meyers;
Joseph Eckers, charged with embezzlement,
as administrator of the estate of Matilda
Eckers, Of $l44 from H. KOehier.
CONVICTED.
Perj1ry-John Conners.
SENTENCED.
Observation-Disclosures J. Newhouse, con-
victed May of the killing of John C. Cost
Icy, Jr., twenty years hard labor.
Petty larceny-Fred Greunne, charged
with embezzlement of Newfoundland dog,
q market basket and 81 (plea of guilty with
drawn and plea Of guilty of petty larceny
entered), ninety days in the Parish Prison.
First District Court.
INFORMATIONs.
Petty larceny-Jsck Clark; embezzle:
ment, Richard Spencer.
CONVICTED.
Petty larceny-Christian Hammond, John
Morris and Rube Baker.
SENTENCED.
Petty larceny-Lizzie Bernard and Ella
Smith, nine months each; Julia Ann John
son, two years.
second District Court.
Successions of Helen Milne. and Marie
Louise, widow of George and Francis Vim
cent.
Fifth District Court.
Isaac N Stoutmeyer vs.. Mrs. A. M.
HolbroOk, P. S. Armand and George w.
Lloyd and New Orleans Picayuuc.-Peti-
toner alleges q residence for . long time in
New Orleans; that he has been good citi-
zen, of good repute among lis neiRhbors.
and is now proprietor of the Times; that
May 10 the Picdyune contained an attack
on his character. charging him with black
mailing, ETC., over the signature of j. NJ.
city editor, making the article
part of the petition, and quoting portion;
that the article is ibelous, wickedly and
false, for the sole malicious
purpose of defaming plaintiff, ecandalizing
and bringing him into disgrace before his
nsighbors, and he prays for $5O,0OO dam
ages.
Merrick, Race e. Foster vs.. jean Berthin
ct al.-Judgment on five promissory notes
for $525 for plaintiffs.
John L. Sterry vs. Samuel Fasnacht.-
Judgment for $4,000 for plaintiff.
Joseph Raymond VS.. C. E. Girardey.-In.
junction of plaintiff dissolved, with $50
damages.
Lafayette Fire Insurance Company vs..
Helix, Eiben g. Remmers.-Defendan re-
siding in the Sixth District. except to the
under act No. As of March l8,
1876. This court held the act Of annexation
act No. II of March %, 1874 was for police
purposes; the Supreme Court that it was
also for judicial. That decision either de-
D1LtCu VI Al6 uOLAAOAA Va AAC VAAoO OIL AAAA-
portant officer of the Second Judi
cial District Court. Constitution, article
los. Act No. As was passed to
this. The districts are to remain
for four years. Constitution,
article ITO. The power is limited to increase
Or diminish the number of courts. Sheriffs
and clerks are elected for the parishes.
Articles SO. SO, constitution. The Legisla-
ture can not, as under act Nc. As, authorize
the sheriff of Orleans to act as sheriff of
Jefferson. In criminal prosecution under
this act, the criminal sheriff of Orleans
would become that of jefferson, and the
Jury commissioners would draw list from
The parish of Orleans to try the criminal of
the parish of Jefferson. At every step the
constitution is disregarded. Act No. As and
he Supreme Court say the Sixth and Sew
snth Districts are of Orleans. and then this
,ourt has jurisdiction, for the Legisl sture
las no power to divide q parish for certain
judicial purposes and disregard the consti-
;utiOn. Exception 0verruled.
The Levees.
The Milliken Bend Levee Association are
low engaged in making . run.round near
he mouth of the Yazoo river, where the
caused by the new cutoff at
is caving in the bank M to the
evee.