New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-11-25
RAILROAD DIRECTORS

The following committee was appointed
by this Court on Monday morning for the
examination of candidates for admission to
the bar during the present term, any three
of whom shall constitute quorum: 1. II.
llsley, chairman; and Messrs. G. Duplantier,
H. @. Miller, G. W. Race, R. NAPLES, A.
Voorhies, G. Schmidt. The committee will
meet as provided by rule XI, adopted Feb
ruary Z, 1876, which rule, SO far as not in
conflict with law, is hereby rescinded. f
In the case of the State of Louisiana on
the relation of George Ingram vs. the
Judge of the Sixth Judicial Court, the fol-
lowing decision was delivered by Associate
Justice W. W. Howe: -. aa.'s
The relator AYERS that on the twenty
first September, 1868, the Judge of the
Sixth Judicial District Court, parish of St.
Tammany, rendered judgment against him
in proceedings instituted by the State on
the relation of Timothy Doherty, ordering
peremptory mandamus to issue directing
and commanding him to deliver forthwith
to said Timothy Doherty the office, books,
papers, etc., of the Sheriff Of st. Tammany;
that within the proper time he applied 10
the Judge for suspensive appeal. which
was refused, but devolutive appeal was
granted. He therefore applies to this
court for a mandamus to compel The Judge
to grant suspensive appeal.
The answer of the Judge recites the mo-
ceedings in the case of the Stale ex rel.
Doherty VS.. Ingram, and the reasons for
which he refused a suspensive appeal.
The merits of the controversy in regard
to the office of sheriff are not involved in
the matter now before US. Our inquiry is
not whether the judgment is erroneous,
but whether the relator Ingram is entitled
to suspensive appeal.
The court then goes on, and, after recit-
ing various authorities having reference to
the case, decides as follows:
1t is therefore ordered, adiudged and de-
creed that peremptory mandamus issue
therein as prayed for and according to law.
directing the Judge of the Sixth Judicial
District Court of Louisiana to grant a sus-
pensive appeal to this court in the case of
the State ex rel. Timothy Doherty VS..
George Ingram, with costs.
In the case Of W. s. Pike VS.. the State of
Louisiana. the plaintiff sues to recover the
sum of S63,723, accruing in a certificate of
Indebtedness issued in favor of Messrs. Nc
Hatton, Pratt & Co., lessees of the State
PeDltentlary being the amount, as the
petition alleges. due them in the final
adjustment of their accounts with the
State. The case is appealed from the
Fifth District Court, where Judgment by
default was rendered against the State. The
| pleadings show that citation was issued and
served on the Governor but no appear.
ance had. A devoluion appeal was taken
| on the part of the State after the lapse of
several months. The Court concur in the
| opinion that the evidence admitted to sps-
tain the claim was inadmissibe. and hence
reverse the decree of the court below, and
remand the case, with leave on the part
OF the State to answer and plead.
A petition was filed in the decided case
OF the State of Louisiana against the New
Orleans, Jackson and Great Northern Rail
road. No. 1881, to set aside the Judgment
rendered and allow a new bearing, The
proceeding is one of quo warranto, insti-
tuted in the Sixth District Court and ap-
pealed here, asking for the expulsion of the
| Present directors of the road. The rule
asked for is based on an inaccurate count
of the vote appointing officers of the road
The court refused rehearing of the case
and confirmed the decision of the court be,
low, refusing to allow the present directors
to retain their office, and ordering a new
election of officers, and putting the costs o.
the application on defendants.