The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-06

reason to doubt that Gen. CLARK was ever the
legal owner OF the tract Of land In question, then
new suits will be instituted to set aside many OF
| the judgments rendered In favor Of Mrs. Gaines.
Under the oircumstance 1t looks az though the
energetic little lady will have her hands full Of
| business for some time yet to come.
THE COURTS.
Merchants and others interested In cases in
the district courts, as principals or as witnesses.
can be notified by telegraph when to appear in
court, thus avoiding the necessity OF constant
The different courts met yesterday in regular
term time, and after various orders and proceed
ings % set forth below, adjourned till to-day out
Of respect TO the memories OF Gustavus Schmidt
Esq. and j. N. Brckell, Eeq., late members Of
the bar. Touching tributes were paid the illus
trious dead by members Of the bar and several Of
the judges Of the courts.
superior Criminal Court.
Judge Whitaker was engaged yesterday in Sc
curing 9 panel for the November term OF his
court. Owing to the legal excuses offered, out OF
$50 names drawn only the twenty seven given
below were secured: JAS. J. Kearns, h. Obastant,
9. Lsbuzsn, r. Philips, W. =. Tracy. q. PeTier.
idson, Q, r. Fagot, e. Lesson. J. j. White. B.
Lusto, q. G. Eggelman, A. n. Issaoson, Geo. FL
Lord, Jno. Z. Rodd, a. Koenig, A. o. Merkle, J.
L. dubernst r, Ohss. Rsmel, P. Holloway. D. o.
Plsucha, f. +. Perrilloux. 7. A. Foley and e. V.
Leclere.
Az will be found in another column, the case Of
8. st. Gene was given TO the jury on Friday last,
and the jury were locked up again last evening.
First District Court.
NoLLE PRosEoUI.
Louis turquoise, assault and battery.
CONTINUED.
Geo. Stevenson, Ben Washington aud Rebeoca
larceny. Charles darvey, assault with . danger
Gus weapon.
second District Court.
Succession Of Adolphe Fiack and Julia Owens,
wife Of m. rtin Holloway, opened.
Application filed for appointment OF tutor to
the miuor Abby leQuhoh.
Third District Court.
FREE MARKErs-MArpAMus TO COMPEL ADMINS
TRAITOR CAvANAo TO CLOSE THE SAME REFUSED.
In the case Of the State ex rel. Pierre Lacaze
ct al. Vs. Charles Cavanac, Administrator Of
Commerce, Judge Monroe read lengthy de-
plaintiffs to compel the defendant in his official
character to close all private markets within
twelve squares Of any public market. Under the
law private markets are forbidden to be estab
lshed within twelve squares Of any public mar
ket, and it is specifically made the DUTY Of the
Administrator Of Commerce to enforce this pro-
hibtion and close all private markets opened in
violation thereof. The PLAINTIFF licensed butch
ers. following their avocation in the public mar
kets, complain that Administrator Cavsnac has
failed to discharge his duty in the premises, and
ask mandsmus to compel him
TO CLOSE ALL PRIVATE MARKETS
within the limits established in the prohibition
above set forth. To this Administrator Cavsnao
answers that he IL without police or other powers
to enable him to enforce the law, and that we're
he ordered by msndamus to discharge the duty
imposed by the statute, he would yet be without
the ability to actually do what he was ordered to
do
In rendering his decision, Judge Monroe
/ 10 l,sr A@tto ua hat
physical impossibility for the defendant to COM
ply with the duties imposed by the law in the
manner and by the means contemplated. and it
would be . vain thing to issue the mandamus,
and it was therefore refused.
G. W. Hill ct al. vs.. Germania Insurance Com
psny.-In this suit the plaintiffs as assigpees Of
Jonathan Lodge, sue to recover on policy Of
$500, issued on mill and machinery located in
Philadelphia. The company declined to pay on
the ground that the last premium had not been
paid into the company Office. 1t was shown that
It had been paid to solicitor in Mobile, and it
was held that this solicitor represented the CON-
pany and not the insured, and that the payment
was good. Judgment for plaintiffs.
George w. Stockton VS.. Firemen's Insurance
COMPANY Plaintiff sues to recover $500 in ma
chinery and $1,000 on stock burned at the prem
Uses Nos. 1888 and 2S5 Rampant street, not on a
policy, but on an application for insurance made
to solicitor of the company, who stated to the
plaintiff on taking sal application that he was
| insured from noon OF the day 1t WAS made, viz:
March II, 1875, the premium to Ee paid on de-
livery OF the policy. On the morning OF March
18th, aud before the application reached the
| company, the fleets insured were destroyed by
| fire, and plaintiff sues to recover. The company
denied the exis ence Of any contract Of insurance
and the right of the solicitor to make any such
contract which the company was bound by. The
court, after summing up the evidence decided the
solicitor was not an agent OF the company pos
sessed Of authority to contract for it, and that
| "there was no such common understanding be-
tween plaintiff and defendant could be consid-
cred contract" Suit dismissed at plaintiffs COST
After the reading OF the above decisions, on
motion of Mr.. w. 8. Benedict, the court ad-
iourned out of respect to the memories of Gus
tayus Schmidt and J. N. Briekell, late members
| of the bar.
Fourth District Court.
COMPETITION OF sTENoGRAPHERs.
The position of stenographer in the Fourth
District Court having become vacant by the reg
| EQUATION of 0. NJ. Tennison, Esq, Judge Hous-
ton deter mined to award the place to whoever, in
competitive examination, showed the best
capacity for it. Accordingly, number of aspir-
| ants for the post assembled last evening in the
Fourth District Court room. Among them were
| MIR. M. Wheeles. Mr.. I. Jingle, Mr. W. Beattie
and Mr.. Thos. b. Hoops.
The test applied was the reading Of twenty
| four pages of closely written matter which was
read by Judge Houston. Early in the contest
| Messrs. Wheeless and Jingle withdrew and in
| the order named. Soon after Mr.. Beat lie sur
| rendered and Judge Houston awarded the place
| TO Mr.. Hoops.
Fifth District Court.
THE CRIMINAL sHKRIFF's ACCOMPLISHMENTS
HOUSTON ENJoINs THE CITY FROM PREFER
RING OTHER CREDITORS
Sheriff Houston alleges that by ordinance No.