The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-02
FIFrH DISTRICT COURT.
Thc premium usoua Case.

No. ss2i II. r.. Southmayd Va. City Of New
Orleans ct ais. Crescent MUTUAL Insurance
COMPANY, Sun Mutual Insurance Company
Home Insurance COMPANY, inte YER en- ~,
zion In the Fifth District Court against the
Faty OF New Orleans and the premium bond
commissioners, through his attorney, II. +.
u Jonas Esq, representing that, as o taxpayer,
bonds oil certain railroad obligations Issued to
the New Orleans. Jackson and Great Northern
and the Opelpusas Railroads. Petitioner
questioned the legality Of said bonds, alleging
but In accordance with the Legislative acts
4; tl05 and l09 of 1854 under which they were
Il Issued the holders OF these bonds ",CCre limited
I VI The stock Of said railroads and to their dtui
dei.ds for the return Of their Investments"
Petitioner furnishes as evidence that the
city brought forth this plea in the case en-
titled John A. Morris VIZ. the city of New Or
teams, No. 1887 Of the docket of the United
States District Court. Southmayd prays that
Il rule nisi issue from said Fifth Court, di-
rectod to the Mayor, Administrators of this
city. and TO John G. Gaines and others. premi-
Till bond commissioners, commanding them
"a show cause why the premium bonds issued
I'M exchange for said valid bonds should not
be excluded from the regular drawing Of
january Is, and from oil future drawings.
And further petitioner asks that said parties
be commanded TO exclude from any and all
payments. us d debt from the city, the premi.
bonds, and that the court, after due proceed
ings had. declare said bonds to be invalid
Defendants answer alleges
Il That the railroad bonds alluded to were
funded under act No. 81 of 1876.
g. That the premium bonds issued In ex
sehnnge for said railroad bonds are now In the
hhtds Of third parties unknown to defendants.
md that neither trey, nor plaintiff. con inter
I tere In the holders rights without making
them parties To this cause.
a Thni tina ynl dit " of @niI pbliuntinns hnnu
sat issue In the courts of law, they have
stopped all funding Of them until the point is
/ Il Defendants deny that the city ever set at
Issue the validity OF these bonds before the
United States District Court, and pray that
plaintiffs application for injunction be dis
missed with costs.
AT this juncture each Of the insurance com
panies cited above filed separate petition,
on somewhat similar grounds, to wit: That
they once owned certain OF the same bonds
now IN litigation, which they caused to be
funded LII exchange for premium bonds That
aa innocent and third parties, aud bona fde
holders Of said questioned bonds, they ought
motto suffer should plaintiffs plea be sus-
tanned On January 81, plaintiff answered to
intcrvenors. prayer by pleading all ana SIN
gular the allegations contained In his petition,
and praying, rs against tntervenors, the
Judgment he seeks to obtain IN his petition.
Counsel on both sides argued the case, which
was continued sine die.
Nj. Bowling, curator, vs. II. Gally. On the
10th of May. 1871 plaintiff brought suit
against MIR. Gally o merchant of this city,
for the recovery of the sum of $4,000 less u
credit OF S32t4 SOY being one-haif of the net
proceeds of the sale of 1S0hogsheads sugar, 300
Barrels and So half barrels sugar, effected by
said Gally for account OF the Melodie planta-
ton, In Lafourche parish. Defondantanswe
that said plantation was indebted unto him
FOR supplies and advances in the sum of S15,
700 g5, and that the net proceeds of said sale
were, after deducting all debts, charges. etc,
$66S9 Ga and asked Of the court to appoint
i special jury OF merchants TO try the case.
Jules Al. Blanc interviewed as holder of certain
notes secured by mortgage ON tho Melodie
plantation, Gally pleaded first lien and priv
ilege, and prayed that intervenor's suit be
dismissed.
The Judge directed the Civil Sheriff TO serve
/ writs of venire capias on fifty merchants of
this city, to command their appearance in
court on the 1st day OF February to serve as
Il Jurors. Twelve jurors were selected, and the
case opened with the testimony of Mr.. Dow
ling. plaintiff In the case.
Daniel W. Adams ct ais vs.. Adele Beer
Petitioners bring suit for the recovery Of
monthly rent OF $780, due them by defendant
since June IS, 1879, on a certain property
which was coniiscated by the Federal author
titles during the late war.
No. $3.50. Succession Of Hugh McCloskey vs.
Hugh McCloskey. to recover the amount
of d certain note of $4,000 held by defendant.