New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-16
COURT RKUORD.
MONDAY, MAY Is, 1876.

MONDAY, MAY Is, 1876. AdA~
United states Circuit Court. ...
Present Hon. w. B. Woods, circuit
Judge.
United States Vs. Edward Fehrenbach ct
al.-Conspiracy to defraud. Jury out.
Before Commissioner southwerth.
United States vs.. Wellington West
Information for perjury in falsely swearing
on his COR dire before being selected as .
juryman that he had formed no previous
opinion in the case of the United States vs..
F'ehronbach. Bond fixed at $4,000.
supreme Court.
Present-All the judges
The following decisions we're rendered:
BY CHIEF JUSTICE LUDELlNG.
No. 1891. Wheeless & Pratt VS.. F. NJ.
Ffek, appellant.-From Fourth District
Court The trial by jury was properly re-
fused under the rule of continuance by
preference, g. G., to fixed day two weeks
ahead and the fixed practice to refuse q
jury trial on such a continuance. Judg-
ment affirmed.
Justice Morgan, Justice Howell concur
ring, disseuts.
No. 46sS Valcour c. HougL vs. New Or
leans and Carrollton Railroad Company,
Verdict set aside. See No. 1857, by Justice
Morgan
No. 4763 Thomas A. Archer vs.. James
w. Fee, appellant.-Fron Sixth District
Court. Judgment reversed.
No. 1890 Richard England We. J. 5. Neal
and j. G. Sinnott, appellants. Fourth
District Court. The evidence Of Sinnott's
guarantee of the note is not legal. az it is
only parol. Il S, l443; % A. 600; "A A. $685.
A 400 INDIGNANT ravornad
NJ. 1903 Leiberman & Co.. appellants,
vs.. Smith e. McKenna From Fourth Dis
trict Court For $1,000, for soap delivered
in Philadelphia on steamship for New Or
leans The contract was not complied
with. Judgment affirmed.
No, 1922 Consolidated Association of
Planters of Louisiana, appellant, VS. Numa
Avegno.-From Superior District Court.
The bonds, with coupons to bearer, stolen
by defendant in due course of business in
good faith. before maturity, for par value.
20 How. 452; . Black, 1886: Wall. ITO: 3
Wall. 80: 90 A., Doh vs.. Rosetti. Judg-
ment affirmed. MIR. Justice Howell dis
sents.
No. 1890. D. & j. D. Edwards Va E. Maien,
appellant.-FrOm Fifth District Court. The
defendant resides in Pla9uemines parish.
The court had no jurisdiction. G. p, l62;
At
act No. "a Of 1876. II A., 755. Judgment
reversed.
No. 1881. Carl Kennengeiser vs. Louis
Juncker ct al, experimentation Superior
District Court. PettOry action for prop.
erty for which defendant gave notes TO
plaintiff Parol evidence of An agreement
of purchase by plaintiff was improperly ad-
mitted. c. C. 2i40 (see exception in 2275,
227G): II A., 2l3; A , 1872, 204; r., 452; Is
I'D
No. 1882. Edward Thompson ~ Mrs.
Rosette E Grow ct TX, appellant
Sixth District Court. Against surety on
appeal bond See No. 52si, Whann vs.
Irwin, recently decided. Judgment a.
firmed.
No. $3.50. William B. Wood vs.. Martin L.
Byrne, appellant.-From Fifth District
Court. The evidence sustains the judgment.
which is affirmed.
No. 6O3S. In re- drainage commissioners
of the First District, praying for homolOga-
ton of assessment roll, w. j. DelanO,
plaintiff in rule, appellant.-From Superior
District Court. The privilege CT lier, etc,
by the drainage act. of 1858 does not take
precedence OF the privilege Of taxes by the
city charter of 1870. Judgment affirmed.
No. 6l3l. City of New Orleans. appellant.
VS.. St. Pstrick's Hall Asscciation.-From
Superior District Court. Tax suit. Excsp-
property is not used for church, school or
charitable purposes, therefore the Legisla-
ture can not exempt it from taxation. 10
A., 800. Judgment reversed.
No. GIG Julia p. Kelly and husband vs.
John Davis and wife, appel!ants.-trcm
Thirteenth Judicial District. The defend
ants reside in Mississippi. John Davis
could not enter into contract OF sale OF
the property attached at the time. Revised
Statutes of Mississippi, sections l1!S and
632. Judgment affirmed. ssAs-.
No. 6l53. Catherine Jones, appellant, vs..
Joseph Henry-Fio ON Seventeenth Judicial
District Judgment reversed. The plant.
IFS witnesses fixed the damages for re-
naval of a tence at $4,000. The decree
gives $1,000. The verdict was to- de-
PENDANT.
No. 626O. Joseph S. Bouchard vs.. Mrs.
Mulvey ct al, Henry Bird appeliant.-Fron
Superior District Court. Judgment re.
versed as premature, there having been no
trial on the merits, and case remanded.
No. GOA. Philip Schoen vs.. Mr.. and Mrs.
From Fourth District Court. No bond was
fled in ten days. Appeal dismissed.
No. 63l5. State ex rel. Jacques Charbon-
net Va. Auditor johnson, appellant.-From
Superior District Court. Judgment amend
ed by reducing the amount to S24o, and
affirmed
No. 63l6 John Klein Il Co. ys. Judge of
Superior District COurt.-Mandamus to
grant an appeal, the amount claimed against
E. +. Herwig, chairman OF the Senate COM
nit tee, being over $500, made peremptory.
BY JUSTICE TALIAFERRo.
No. 3O46. Succession of William Hacken-
schmidt.-From Second District Court. Case
dismissed, the parties having arranged mat
ters.
No. 1854. Michael Riley, appellant. vs..
succession of Christopher Reilley.-From
Second District Court Judgment affirmed.
No. $780, Succession of John M. Smith
From Second District Court. Judgment
amended by recognizing Ja!ia, Mary and
Lizzie Smith as sole heirs.
No. 1928 State ex rel. j. G.. Moncure, ap-
pellant, vs.. Antoine DubEclet.-t'cO!a SUI
perior District Court. Judgment rejecting
plaintiffs claim to the Office OF State Treas
urer affirmed, plaintiff having no cause of
action. Justice WHY dissents. Justice
Howell c. insiders the case should be re-
manded.
No. 6O5l. Charles Mandell ct al, appel.
lants, VS.. P. Fl. MOusseaux.-From Fifth
District Court. See Harmon vs.. Foyee,
Opinion book A., page 5l3. Judgment at
tirmed.
No. 6l24 State ex rel. Charles Prayer,
appellant, VS.. recorder OF mortgages
From Superior District Court Judgment
reversed. the mortgage to be erased.
No. 6299 w. C. Hardwick, appellant, VS..
NJ. L. Shelby.-From Filth District Court.
Motion to dismiss overrrled.
No. 6320. State ex rel. hrs. E. E. Meux
Va. Judge of the Fourth District Court
The bond for appeal was not excessive
Mandamus refused.
BY JUSTICE HOWELL. .