New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-28
he Board may be heard upon the iss

raised by their petition.
| 1t is therefore ordered that the Judgment
appealed from be avoided and reversed, and
| the cause remanded to be proceeded with
according to law, and that appellees pay
costs of appeal.
State of Louisiana ex rel Tony Lafon We.
s. W. Burbank, Treasurer, etc, and the
Board of Metropolitan Police, NO. z464. Ap.
peal from the Fifth District for the parish OF
Orleans, Howe 1.-THE Board OF Metropoil-
tan Police, correspondents IN this case, have
appealed from the judgment OF the lower
court making peremptory the writ OF man
damus. The Judgment directs 5. N. Bur
bank Treasurer Of the Board OF Metropoll-
tan Police to apply for, and to receive from
the State Treasurer, certain moneys, ana 10
apply them to the payment OF certain war
rants held by relator. The principles enun-
ciated in the case of Willoz We. Same, this
day decided, must control this.
5is therefore ordered that the judgment
appealed from be avoided, and the claim of
reator dismissed with costs in both courts.
The State ex rel. Hughes Dejean vs.. S.
N. Burbank, Treasurer of Metropolitan Po-
lice. Appeal from the Sixth District Court,
Parish OF Orleans Wyly Jon the twenty
second of October, 1869. the realtors filed
their petition alleging that they held Metro.
poltan Police warrants to the amount of
SIG, 277 IS, that they made application to
the defendant, the Treasurer OF SAID board,
for payment thereof, and he refused to pay
the same, although he had funds sufficient
to pay the REALTORS, to wit, $2OO,C0O in his
hands. Alleging that they were without
remedy by the ordinary course OF law, the
relatcrs prayed for writ OF mandamus to
compel the said Burbank, Treasurer, to pay
them the amount aforesaid and for general
relief.
On the day before the suit was filed the
defendant made the following acknowledg-
ment or concession, to wit: Defendant
accepts service, acknowledges the receipt
of order and copy OF petition and original,
and consents that the order herein prayed
for be made peremptory, the case taken up
this day, and judgment rendered and signed.
(Signed) S. N. BURBANK,
Treasurer Metropolitan Police Board.
New Orleans, La, October 21, 1869, 10
A. NJ"
On the day the suit was filed by consent
of the parties, the codrt took the matter
under advisement, and considering the con-
sent of the Respondents, that the prayer of
the petitioner be granted and the Judgment
signed forthwith. It was ordered that the
mandamus be made peremptory and the re-
spondents commanded to pay over the sum
claimed Immediately, aud that he pay costs
of Judgment. From this judgment the Board
of Metropolitan Police have appealed.
They contend that their treasurer, s. n.
Burbank, acted in disobedience of their
orders; that he was unauthorized to consent
| to any such proceeding.
There is in the record no evil
| dence supporting the demand of the
| relators, or showing that they are
creditors of Board of Metropolitan
Police; the mandamus is based alone on the
| consent of the respondent.
We think the writ should not be issued
upon the mere consent of the parties. That
| consent creates the presumption of fraud ;
| that the proceeding before Us bears on its
| face this appearance, and that the Board of
| Metropolitan Police have the right to ap-
| peal and demand relief from the illegal acts
| of their unfaithful agent. Let the judgment
! be reversed, the mandamus be set aside, and
| the petition be dismissed at the cost of the
! REALTORS.
| State Of Louisiana eX rel J. Davidson and
J. D. Hill vs.. S. n. Burbank, Treasurer of
| the Board of Metropolitan Police-No. 2477.
| Appeal from the Sixth District Court for
| the parish of Orleans Howell, J.-This is
one of the series of cases in which certain
| holders of Metropolitan police warrants re-
sorted to the proceeding by mandamus to
! enforce the payment, and in which the
| Board Of Metropolitan Police has taken
appeals from Judgments ordering their
| treasurer to pay when it is shown he had
no funds with which to do so.
For this au / the reasons given in the case
of the State ex rel. Willoz vs. Board of
| Metropolitan Police and S. N. Burbank,
| Treasurer, it is ordered that the judgment
| appealed from be reversed, and the appli-
cation of relators rejected with costs in
| both courts.
State of Louisiana ex rel Waller Pugh vs..
8. N. Burbank-No. 2476. Appeal from the
Sixth District Court for the parish of Or
| leans-TaliaferroJ In the record presented
under the above title, we find no petition,
l
be the judgement we regard as mere
nullity.
| 1t is therefore ordered, adjudged and de-
creed, that the judgment of the District
Court be annulled, avoided and reversed.
1t is further ordered that this suit be dis
missed at the cost of the appellee.