New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-01
NEW ORLEANS SATURDAY, OCTOBER l. 1910.
THE COURTS.
Eighth District Court.

Collins e. Tabor vs. city of New Orleans.
In this case, filed yesterday, plaintiffs claim
that the city ia indebted to them in the sum
of. $3OS, with costs, for this, to wit: Ihat
they are the prOprietOrs, and editors ana
official printers of the newspaper known as
the Louisiana State Register, printed ana
published in the parish OF Jefferson; shas
they, as proprietOrs and editors OF the si'id
paper. published divers and certain adver-
tisements Of sales of property ON which
taxes were due to the late city of Jefferson,
and are legally entitled to payment for the
same.
The petition proceeds to state that as the
late CITY of Jefferson has been Incorporated
with the city of New Orleans the latter has
become responsible for the debts OF the
former, and, therefore, judgment is asked
against the city OF New Orleans for the
amount claimed. .,
Charles j. Leeds VS.. Thomas l.. Maxwell,
Sheriff, McComb, ct al.-The petitioner in
this case prays for a writ OF injunction to re-
strain Sheriff Maxwell from selling his prop
erty to nav the costs OF execution in the suit
estate of Louisiana ex rel. II. 5. McCOmb,
ct ais, VS.. G. T. Beauregard ct ais" In the
petition it is set forth that in the suit just
named an execution has been issued by or
at the instance of plaintiff against the petit
toner, for the sum Of 1919 81, and sheriff
costs, amounting ~ S!o Oo' anu oi:iA Ao0"
amounting to 81 10. that under said eXecu-
ton Sheriff Maxwell has seized the house
hold furniture and other property OF petit
tioner in his dwelling house, on ST. Joseph
street, and is about to sell the same to pay
and satisfy said execution and costs.
Petitioner AYERS that the execution is not
authorized by any lawful judgment of the
court against him, but has been issued ille-
gally. He further AYERS that said execution
isillegal; that no such costs have been taxed,
nor notice given to petitioner OF the taxing
of the same: that no specific bill of taxed
costs is indorsed on said execution; that the
costs in said suit, as alleged on the docket,
are not such as are authorized by law, and
that the same are not chargeable against
petitioner: that one item or charge as costs
is $3.50 curators' fees for representing l..
Montgomery, j. Green, John B. Hemphill,
Writ Adams and B. l.. Hatch, alleged to be
absent defendants: that under the execution
this, with the other charges, which are lille
cal and exorbitant. and can not be legally
enforced, are now sought to be collected by
seizure and sale of petitioners property.
Petitioner, therefore, urges that writ OF
Injunction may issue, restraining Thomas L.
Maxwell, Civil Sheriff OF the parish OF Or
leans, State of Louisiana, H. 5. McCOmb.
Joseph H. Oglesby, Richard Pritchard, E.
H. Summers, Franklin j. Pratt, Lewis Al
Gus. A. ID. Grletf, j. +. AleXanuer, a. M
West. p. b. Starke, John c. Lucas. E. IL.
Sanders, T. j. Mitchell and L. Z. Houston
from proceeding under said execution to
seize and sell petitioners property; that
after due proceedings. said injunction be
made perpetual, reserving claims for dam
ages.
The Injunction was granted on petitioner
giving bond in the sum of $3.50.
Sarah Place VS.. Henry p. Smith, her Hus-
band-This is a suit for divorce, based on
the following allegations: 1t is stated that
Sarah Place was married in this city to
Henry p. Smith about twelve years ago:
that during the last few years her husband
has failed to support her; has led an I'M.
moral and dissOlute life; totally neglected
his duties as husband and father: that he
has become and is now an habitual drunk
ard. having been almost daily, during the
last few weeks Of his stay with his wife
under tine influence of liquor; and tha,
about four weeks ago he abandoned hel
and left the State of Louisiana. She alleges
that there is a miner child. James II. Smith
issue of the marriage. three years old, the
| care of which she claims.
1t was ordered by Judge Dibble that peti
toner be authorized to prosecute this SUIT
| that she is to have the care and custody o.
| the minor child during the pendency of this
suit, and that Mr. Harvey NJ. Dibble b,
| appointed curator ad hoe, to represent tht
| absent defendant.