The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-20
THE COURTS.
United states Circuit Court.
No. g7s4 -Myrs CLARK Gaines vs.. M. J. de Liza

No. 1874 -Myra Clark Gaines Va. N. ]. de Lizardi,
H& i.'f 3a ct al.
After hearfng the evidence and argument with
reference TO the motion OF Manuel de LiaU0 OF
the 14th inst, setting up compromise and pray
ing for restraining order, the Court ruled % fol-
lows:
/. As to the exceptions 10 the sdmissibility of
parol testimony, this bsirg in substance motion
to have this cahse discontinued, this exception.
which IL No / in the stenographer's report of
testimony, IL overruled. The testimony is not
offered 10 contradict or vary the act OF compro-
mise or transaction. but to show that II was
signed in error.
q. As to this exception the complainant daes
not attack the act Ut compromise o0llaterslly but
directly. II is invoked against her by the deien-s
ant in motion which IL TO have effect given to
II. She may meet ii by exception that this IL BY
her defence. Art. 2047, old; 2042 @. O.
8. This is answered by the ruling "a to the
foregoing.
4. The causes which may be adduoed against
q compromise are set up in article 3s7g old, sO45
Civil Code. Here was error. Bee comments OF
Supreme Court in Robertson vs. Wilcox, An.
p. e5. last paragraph on the page; snd Toullier.
sec ~.
II is clear from the testimony the minds Of the
parties never met. The essential condition Of
contract was wanting.
Let the motion be refused and the exception
(the supplemental ons) be maintained, and let
the cause proceed.
Fifth District Court.
Hedwig Mengler and Mrs. r. Bone for $500 DAM
ages, caused by the issuance Of an Injunction re-
straining the execution OF writ.
Superior Criminal Court.
Yesterday afternoon the Grand Jury came into
court and presented q report against Geo. p.
johnson, late Auditor Of Public Accounts, where
In 1t states that he had refused 70 answer certain
questions as to the whereabouts 0f certain books
belonging to the office OF the Auditor of Public
Accounts, said books having been taken from
the An lltor's Office at the time the State House
was occupied by Packard Co. The Attorney
General said:
May ii please the court, the witness, Geo. b.
johnson, being present in court, will read the
report OF the Grand Jury in his case:
GRAND jury RooM,l
New Orleans, June 10, 1877.
Hon. VIM. r. Whitaker, Judge OF tho Superior
Criminal Court:
The Grand Jury respectfully reports that Geo.
b. Johnson, In obedlence to q subpoena duces
tecun, commanding him to produce certain books
belonging to the Office Of Auditor of Public Ac-
counts, has appeared and refused to answer any
questions In connection with the whereabouts OF
said books.
JOHN A. o'CRIEN,
Foreman OF the Grand Jury.
The Attorney General fled q motion asking
that George y. Johnson be ordered to show
cause why he should not be held for contempt in
refusing to obey the subpoena duces tecatn1.
The Judge then asked Mr.. johnson what time
he would require to answer the motion OF the
Attorney General
MIR. johnson replied that Monday next would
suit him.
Mr.. Ogden objected, saying that a. the case
was one OF such importance /, should be looked
into imme diateIy.
The Judge said to Mr.. Johnson that he thought
he would have ample time by to. morrow TO pre-
pare his case. 1t WAS therefore ordered that Mr..
johnson show cause to-day at 10 o'clock why he
should not be held for contempt.