New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-05-16


Auditor George L. johnson has filed
this morning, in the United Stakes Circuit
Court, bis petition for the removal of the
case of Jumel and johnson, now pending
in the Supreme Court on appeal from the
Fourth District Court of Orleans.
The most important suit in the United
States Court appears to be the petition of
the United States VS.. Joseph Hampton,
William Lambert, William Tells, L. Her
bert, Jacob lie Beau, William Reeves,
Joseph Reeves, Robert Stevens, William
Huges, B. Hughes, A. LIE Beau, Beck LIE
Beau, E. Welsh aud others, of Calcasieu,
alleging that they have been cutting
timber from government lands, and are
about to remove it from the jurisdiction
of this court.
The writ was issued May 8. Deputy
Marshal Govan seized $4,000 worth of
cut timber in different bayous. Later the
trespsssers gathered in force and com
PEELED the marshals to retire. The aid of
the military was asked, and refused until
instructions were received from Washing
ton. A tugboat was sent to the parish by
the marshal.
Judge Billings has made the following
order:
Myra Clarke Gaines VS.. F. P. Agnelly.-
Ruling of court on masters certificate. As
to the first point presented by the report
of the master, and argued before the
court, the court rules as follows:
The complainant shall file before mas
ter an account against defendant, in which
shall be stated the rent, revenue or value
for use, which she claims as an annual
charge, and the number years for which
she claims
The defendant in each case shall file a
detailed statement of the items for which
he claims credit, and upon the issues as
thus presented the master shall proceed
to hear the matter referred to him, &C.
cording to the rules and practices in
equity.
Second-Let the defendant file his
statement with reference to any improve
ments which he has put upon the land re-
covered, for which he claims he should
be entitled to be compensated, in case the
complainant elects 10 take them, and
within forty-eight hours thereafter the
complainant shall elect and so signify the
election to the master as to whether she
will take the improvements.
But the amounts charged by the defend
ant for the cost of material and work
manship shall not be conclusive upon the
complainant, but may be inquired into
by the master. AS to the cost of this in
quiry, with reference to the improve
ments, the court will determine by future
order.
The several parties are directed to file
their accounts in the several causes forth
with.
Let interest be added on the improve
ments or the annual rents or value for
use.
In the case of Charles Nathan against
the city and school board, he decided the
court had no jurisdiction.
Walter Scott Finney, William John Nc
Cune, Adolphe Baye Gillis, John Taylor
Whitaker, Daniel James Lewis and Fred
erick Adolph, Esqs., have been admitted
to practice in all the courts OF the State.
The Supreme Court will render de-
cisions every Monday till the end of the
term.
Chief Justice Manning decided, in the
Workingmen's Accommodation Bank VS..
Converse, its teller, that, not having COM
piled with the banking act of 1875 in tax
ing the bond, plaintiff could not sue as
corporation, but only appear in court by
the individual names of the corporators.
In succession of Bourges, he decides
that parish judges must homologate the
accounts of executors in open court, and
not iD chambers.
In Montague VS.. We'll, that CONNER
cial partnership exists for the purposes of
liquidation after it has been dissolved.
Special notice of the dissolution of q firm
should be given to those who have had
dealings with it.
In johnson VS.. Clark s. Meader, that
dismissal of an appeal for want of q suf-
ticient bond does not preclude the appel
liant from taking second appeal if done
within the year.
Justice Spencer, in State VS.. Richard
son, decides that an indictment charging
shat defendants did make an assault upon
and put in bodily fear and danger of his
life one A. B., and violently seized and
carried away from his person and against
his will o certain sum, constitutes a
charge of robbery, and the omission of
the word 'trob" is immaterial. ~
In Maine vs.. Thierry, that service of a
notice of rule to dissolve an Injunction
by leaving it at the Office of the attorney
of the defendant in rule, is not good SER
vice.
The Chief Justice in Reid VS.. Louisiana
State Lottery Company, decides that let
ters intended to show the assertions and
statements Of one of several co-conspira-
tors are inadmissible if written subsequent
to the accomplishment of the purposes of
the conspiracy; and Justice Spencer, in
State vs.. Jackson ct al, that the declara-
tions and confessions of eo-eonspirator,
made after the accomplishment or aban-
donment of the common enterprise, can
not be offered and proved against a CO.
eonspifator.
In the Fifth District Court Rufus Waples
has filed petition against E. A. Burke,
tax collector, alleging that the defendant
Is wrongfully preventing the petitioner
from collecting his rents due him by Mrs.
G. A. Thompson; alleging that by act of
the Legislature regulating the mode Of
collecting taxes, it is made the duty of
the tax collector TO proceed to the coilec-
tions under that act approved April 20,
1877; that under this law the tax collector
can not stop the payment of rents, as the
clS law is repealed by the latter. Rule
MS issued.
Mrs lana E.6eifak- roofha, cf fBa IL