The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-22
COURT NOTES.
suuvcn,c Court Decisions.
MONDAY. l epruarY n. 1871

f'e77 nv JUSTICE TAriAFEHBo.
=. so,o state Of Lousiena, *, rel. NJ Nor
N? s g,o"s W. the Board II Liquidators, appel
gan s9knneal from the superior District Court
lansih N Orleans. hesponAents known rs ths
parl55Inn board appeal from an order making
pereInp, ,s,o worth Of bonds issued to the Nvftl
lund w.. i,o and Texas Railroad under net io9 d
iousllaihi,nat funding the Board resists on ths
pTsnd that the SAIL a 81 Tx IS s S,9 ~ x.
srtiele H. North Louisiana and Texas Railroad
snt Il, having made this oct " 1909 the basis o
ON ~ cannot now plead i!s ACKNOWLEDGEMENTS
atlos,, affirmed Justice Morgan dissente.
Jaiehear,.,1 n Burlington ct als,. appellants
M , a. Clinton. Auditor Appeal from superi
~ Ihl arii Court parish Of Orleans ~ ltelators
o ON !" compel the defendant 70 issue warran
ot the amy" r act 80 of 1916 Defendant resists
heir iaaili D ON the ground that the claim had
ne asyIan In 1870. the revenues q which year are
iis GILMAN and that under the constitutional
eshauhnaent of 1874. relator'e claim cannot BE-
n,,,t al the revenues Of 1875. II IL immateria
W., Ia" Or nut the claim originated In 1870. and
seer Che 2, .a. sfa T. ate eahaasa t
The HaEnay In the Treasury not otherwise ap-
any Miostei and relators are untitled to the relief
prepaaa sop. Judgment reversed and mandamus
Ssds pspepg aSD Nicely q Co., appellants. vs.
so' H., ,ov b Co.-Appeal from Fourth District
y h narish OF Orleans. Plaintiffs are execu.
ga ra n lie estate Of u. b. Stacy Judgment re-
versed n / Gay 4 Go. vs. g. Nicol, sheriff, Fl
No v,naai from Fifteenth Judicial District
a.st Parish of Lafourche Judgment affirmed
wv BY JUSTICE HOWELL
Va sooi. City of New Orleans Us: Estate Of
20 ,a yv Stewart, appellant Appeal from bupe-
samuf5ii strld Court, parish q Orleans. The
roi os reuuired 10 be given In lieu of citation In
ns' suts H. good If .he given nalnS q We de-
cs published a+ s n w 31esoh yat she sG u
peIi ia against SUGGESTIONS is OF no force, these
s y, MIN Sainr probate proceedings. Judgment af-
arlleas; us Tay,or Deastie We r. L, Pugh, John
u M ms Iniervenor, appellant Appeal from
Mlrt1Iitnruth Judicial District Court, parish of
w gsy,o1ureLe. The evidence, shows clearly that
bs Machine claimed ny Interviewer BELONGED geo
a ,n nor was II left within the .planta-
,s s,aesssed by defendant, but upon the bank Of
sba hayou Judgment reversed.
ny JUSTICE wYLy.
M ea,p. Mrs. Leda Forstall, wife OF Q. G. Oil
.a ~ vs Mrs. Clara Durel, widow of j.. J. For
M WIKI 'exec,trix, and widow ~. j. Forstall vs.
n Aid,,u z Chopin ct al. tconsolidatedl
ei Ippeal from the Parish Court Of st. james.
Mrs. Fors,a appeals from h, INDICTMENT n,a; n I'm In
aa.a"srnrt n that part Of the community property
srshusrited by item from their father, and which
rss sbeuueathed by him :? their mother, Articles
M% IA iAoa q G. must I've construed together,
~ IVA ,hpsa provide that where there has been no
shNn. gg II the dsposnble share Of the pre-
I1.sppssei husband or wife. the survivor shall be
entitled to an usufruct OF 80 mncl o. the SHARE
' n VIII ths ease there having been disposition
Al ths share by the deceased. and the widow
having ao,aht to avail herself Of IL, she cannot
a VA Gain the usufructl Of that portion the
ssrnership Of which IL vested In the heirs by law.
Judgment affirmed
No $3.50. Isaac Bloom Vs. treterlck Shonekae
frnft M
rsriah Il Orleans Judgment affirmed.
pNa s,ea Succession OF Marx Shonberg. Oppo-
salon Of Schneider zubertier. appellants; ap-
rsss from parish court, parish Of Aseension-
Rhs nation 10 dismiss is denied. On the merits
MN ordered that the Judgment be amended 50 AZ
y rsouire appellants claim to 10 paid. out Of the
earnings now in the hands Ct the adniinistra-
trix Of he ferry belonging to deceased.
united states Circuit Court.
presapt Hon. w. d, Woods, Circuit Judge. and
Hon. n. e. Billings, district Judge.
Amotiop was made by w. r. Whitaker to re-
duce the bail In the case OF the United states vs.
!, De nas w fDm WncA ~'r
s " M case Of Norman Whitney VIZ. the Impe-
rial Fire Insurance Company the jury gave YER
% the plaintiff f9r X he sSm 81 sss" es the
CITY Of New Orleans the yerdicts OF the Jury were
lor the sum Of SO. s2y72
United States va. L. observation-disclosures FOL
Tho acc,isel moved that the hail ia this case
pnt i' "sxt "Wednesday. The pctit and grand
iaries were discharged until "Wednesday next
n W. Casey, receiver, w. VIM. toiuenpQw;-
Tho verdict OF the Jury and the Judgment Of the
Court, in accordance herewith was for the sum
' Superior Criminal Court.
Present, Hon. II. II. Steele, Judge
Jack Lee, on d charge. Of assault and battery
Edgar Bonligny and FRANCOIS i.ance. on y
charge Of carrying concealed Weapons were ar
rajunpd and pe}I not guilty.
nolle prosepui was entered IN the case OF y
b jacobs. charged with shooting, ect
Gaens. Stevens and Louisa Moore, charged with
grand larceny, and Cbas. Noedhain, charged
with carrying concealed Ysapons.
The ease OF Joaauins Flotrnzil, charged with
State va. Alfred Capps. On motion OF j. n
Hagin, attorney Tor defendant and ON snggsst-
ing to the court that by article 81 the Constiiu.
ion All persons shall be bailable 10y sufficient
security, unless the proof il evident or the pre-
sumption great" and on suggesting that in this
case there WAS a mistrial. and the presumption
hpot great when We ias o. the case arc oph
cies Of the Constitutiop, Bxeesslve ban shai
not he required" which may be interpreted e
mean that the offence. the evidence and the abil
lily o. the party accused to furnish bail should
be considered, It was ordered that the A!torne,
General show cause on -, 1915. why th'
said defendant should not be admitted to bail II
the.sum Of - dollars. The motion was taket
In the case ss, Of the State vs.. raaouno Flctenza
the Jury brought in the verdict OF Guilty =,
charged. The Jury was pollod and every on
answered that that was their verdict.
First District Court.
Present. Hon. L. Abel. Judge.
John Smith, charged with assault and battery
Eiward Frank, Mary Jones, Cora Jones, VIM
Moods. VIM. Cooper, Sam Brown and Salli
hamilton. charged with assault and battery AM
hreny; John wilkins alias Johnson, Georg
Nail, ~ ~
Plead not guilty.. except John Smith. who p!ea'
guilty Of assault. and George Nally, who pleas
guilty A..
cases for assault and battery; VIM. Davis ALA
Johnson and Celia A. Brown. for larceny.
State W.. John Adams: the verdict Of the jur!
State vs., Mike Wells and Harry Williams. Ii
each case the verdict OF the Jury was guilty.
State W.. John smith alias irish Fat The yer
dia of the jury was, Guilty. ard recommended
In the s, case O. Of Mary Wheeler. charged Will
assault and battery, the verdict was guilty.
VIM. Jones, on his own plea OF guilty, am
s ssa smith alias Irish Pat were senteRced, Ia,
ioten days in the Parish Prison. /,
FRANK McEntcc was found guilty OF assault
and battery and recommended to the mercy o
second District Court.
Present, Hon. A. l.. Tissot. Judge,
.SarNssidn Of Mary Killilea-It was ordered
NAT the opposition and supplemental opposi
uoh be maintained as to the two several &C
counts Gsed by the dative tutor that h
paeeon the credit side Of said ACCOUNTS the sun
@SN S. said 10 be I'm the hands Of the Ciyt
9,erin with legal interest from the date OF salt
the real estate,
.sgccession OF John Davidson.-Rule for a new
1ai dismissed and new trial refused.
succession of G. Boothman.-It was ordered
~ the opposition of the Public Administrator
Stae appointment of Louis Fix Is administra
~ maintained. aud that said Public ADMIN
Mrat0r be annnintnd anminlstratnr Of this Euo