The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-25
THE COURTS.
UNITED STATE. CIRCUIr COURT.

Mr.. John Oglesby was excused Yesterday
from further service AS one of the jury com
missiOners of this court, and Mr.. Geo. Ellis
was appointed to fill the vacancy.
Chas Edward Lewis vs. the city OF Shreve-
port, claiming principal and interest ON
number of coupons of bonds issued by the
defendant. Thu jury founi verdict In ia
vor of plaintiff for 26,323 II.
Mrs. NJ. Schlosser vs. A. Schlosser ct ais,
suing for the value Of certain tracts of land
in the parish Of st. John the Baptist, amount
ing to $4,000, The jury rendered a verdict in
sss Is By sasS ra% 9 ss taxs e less
City OF New Orleans vs.. John Klein. Yes.
terday City Attorney b. F. Jonas filed a bill
OF complaint In this court, asking that an in
junction issue prohibiting defendant from
ment and sale of two certain tracts Of ground
on Baronne street (the sites of the National
Theatre building and the buildings occupied
by H. Kern d Co.. Orator claims that the
who has transferred 1t to LeSassier Il
Binder; that 1t has been reduced from 500 900
to 900 by credits. That act No OF the
extra session OF 1870 authorizes the register
Of the Administrator Of Public Accounts; that
the same law also prohibits the execution OF
writs of ferf facias by any court OF this
State against the city OF New Orleans on
judgments thus registered. That Klein has
registered his Judgment, and having availed
himself Of the benefits OF the law has accepted
the property.
The case came UP last evening at o'clock,
Judge Billings on the bench. Judge Thomas
opposed to the bill the writ of Ii. fa, which
acknowledged the credits. amounting to
$3O,OOO an affidavit from John Klein and an
other from LeSassier IL Binder, affirming
that the claim was still the property Of Klein,
and was transferred 7 only in pledge OF debt a
tifcate Of the United States court, showing
that the judgment WAS still in the name OF
Klein on the records of the court.
Mr.. Jonas introduced In his turn certified
copy Of the transfer from Klein to LeSassier
d Binder, and argued that 1t was public
document, absolute In its character making
noSeference to pledge between defendant
an LeSassier d Binder, and which should
gt ng the equities Of the case MI: Jonas made
thf1potnt that the city was now liable for the
Am3unt OF the Judgment only tn LeSassier d
Binder, and not in any wise to Klein, who had
divhsted himself Of all claims against the pro-
perties (which Hre.ady,e,rttset for safe to-day
at noon by accepting the benefits OF the pro-
visions OF the law of 1870 and further divest-
ed himself OF the ownership of the claim by
transferring 1t for valuable consideration.
Mr.. Jonas made the point that in case the
properties were sold to-day Mr.. Klein would
put the money in his pocket and still the
Judgment Of the United States Court would
appear as being registered at the City Hall In
favor OF LeSassier II Binder.
Judge Thomas dwet ut length on the con-
struction to be put on the law of 1870, which,
he said, did not operate prohibition of the
execution Of the f.. ia. He maintained that
on the records Of the court the Judgment was
still In favor Of Klein and could not be af-
fectnd by the registration on the books Of the
Administrator Of Accounts. He finally ex-
pressed the desire that, in case the court
should decide In favor of granting the iniunc-
ton, the city should be required to furnish
bonds.
The court remarked that, inasmuch as the
defendant In equity could not gain possession
Of the revenues Of the properties, the elase of
which had still five years to run, and as
during that time he could appeal to the Su-
preme Court, obtaining bond from the city
would be of no advantage to him.
Mr.. Jonas here called the attention of the
court to the fact that the city was exempted
by law from furnishing bonds, and went on
further to show the anomalous position of
the case, which, without the injunction asked
for, might place third parties In danger.
The court took the case under advisement,
saying that 1t would render its decision this
mDrninn