The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1869-05-29
The State of Louisiana on the
Relation of T. N. Braden VS..
l.. w. Baker, Judge.
IN THE DISTRICT COURTIN AND FOR
THE PARISH OF BOSSIER.

+
This is an action brought by
the District Attorney pro tem.,
for the Parish of Bossier under
the acts of1S68, Nos. 58 and 156,
on the relation of T. N. Braden.
The subject of contest, is the
right to perform the duties of
Clerk in the Probate Court of
said parish. The relator, as
serts that he is Clerk of the
District Court, in. and for said
parish, and that by virtue of
his said office, he is entitled to
perform the duties Of Clerk of
the said Parish Court, and to
receive and enjoy the fees and
emoluments thereunto pertain
ing. He furthhr alleges, that
L. W. Baker, who is Judge of
the Parish Court of said parish,
has usurped, and is exercising
the duties of Clerk Of said Par
ish Court in derogation of the
legal rights of him, the said re-
lator. The relator further as
serts, that the said L. w. Baker
has taken and holds possession
of all the papers, documents,
and records appertaining to his,
the said Bakers Court, and re-
fuses to deliver the same to the
said relator after amicable de-
mand, by reason of which, the
said Braden, relator, is unable
fully to discharge and perform
the duties of his said Office of
Clerk of the District Court
The petitition closes with the
prayer that the said Thomas n.
Braden, relator, be decreed, en-
titled and authorized in law to
perform all the duties of Clerk
appertaining to the Probate
Court in and for said parish of
Bossier, Except such as apper-
tain to appeals from Justices of
the Peace and that the defen-
fendant, L. w. Baker, Judge of
said Parish Court. be ordered
to deliver to him the said rela-
tor, all the books, papers, doc
uments, records and archives
belonging to said Office OF
Clerk, which may be in thepos
session of the said Baker. And
he prays for general and spe-
cial relief in the premises.
The defendant answers, ad-
mitting that the relator, Bra
den, is Clerk of the District
Court as alleged, he also ad.
mits the demand, and refusal
to deliver the papers and re.
, cords of the Parish Court, as
alleged. He pleads a genera
denial as to all the other allie
cations of the plaintiffs peti
ton. He AYERS that as Judge
Of said Parish Court, he has :
vested right in law, to the Gus
tody of all papers and record
appertaining to his said Court
> and that "he has a vested righ
to perform all the clerical du
ties of said office of Parisl
judge" and to receive the fee
of Clerk for performing sue
. clerical duties. He prays tha
! plaintiffs suit he dismissed.
It is admitted that defend
ant, L. w. Baker, is qualifie,
and acting Parish Judge {
}, Bossier parish, and has been S
& since, July 1868.
The relator bases his clail
for relief on the act of the Lei
y islature of the 9th Of Marcl
1869, No. 10, section 1st
:, 3 which contains The following
: "Ihe Clerks OF tt
+ several District Courts Of th
I State shall perform 81 ii
= clerical duties to be paftorme
IN and for the Parish Court
the several parishes, such /;
!. issuing citations, copies Of p
j titions, executions, writs
: seizure and sale, injunction
attachments, provisional sci
ures, arrests and all other Wri
% and orders of every kind Orde