New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-16
THE COU RTS.

Second District COurt-The Powers of
the Public Admini.tratOr.
The following document has been fled
before Judge Duvigneaud:
Succession of Milton TAYLOR ON motion
of David c. Labatt and Julius Arone, of
counsel for John Hickey, dative testamentary
executor, duly appointed and sworn, by the
Probate Court in and for the county OF
Hamilton, in Ohio, and applicant for re-
cognition and confirmation by this honor
able court, herein, and on suggesting to the
court that this court has enormously and
inadvertently granted an eX parte order,
unwarranted by law, and against the spirit
and meaning of said statute, it is ordered
that Philip 3. Foulke, Esq, Public Admins.
traitor, show cause on Saturday, the sixteenth
instant, why the said order should not be
revoked, annulled and rescInded, on the
following grounds:
l. That the applicant herein is the duly
appointed and sworn dative testamentary
executor Of the last will and testament Of
deceased, by judgment and appointment
az such of PROBATE court OF a sister State.
and is here present praying to be recog-
nized and confirmed as such under the
comfy Of States, and the constitution of the
United States. This succession is not con-
templated or embraced by the provisions Of
the act appointing public administrator
and his interference therein is unauthor-
lied by law.
.. That the provisions of the said act must
| be strictly construed, being III derogatlOn of
common right, and was clearly intended to
apply to cases where there was no one will
ing to act as an executor; that it was not in
tended to and does not repeal the right of
your Honor to recognize foreign executors
under the settled Jurisprudence of this State.
g. That the act of the Legislature appoint
ing public administrator and the appoint
ment are subsequent in date to the decease
of the testator, and the appointment herein
by the Probate Court of a sister State, and
can not be retrospectively Interpreted so as
interfere with his administration OF an
auxiliary succession.
Eighth District Court
New Orleans, Mobile and Chattanooga
Railroad VS.. city of New Orleans ct al.-In
this case Mr.. J. Il. Beckwth, City Attorney,
On Thursday made a motion to dissolve the
Injunction, on the ground that the writs
were illegally and improvidently issued, and
are in ali respects void, tor the following
reasons, among others:
l. That all the allegations in the petition,
if taken IS true, are not basis for the issue
of the injunction.
9 That plaintiff petition is not sworn to
or attested by the oath of any person au-
thorized to verify the same, or any oath ad-
ministered by any person or officer having
authority to administer Oaths.
8. That the bond upon which such writs
were issued, is not executed in the form or
by the parties required by law.
4. That SAID bond is inadequate in amount
and the surety is not solvent.
It was ordered that plaintiff show cause
on the nineteenth instant, why the injunc.
tions herein issued should be quashed and
set aside.
ALegai Holiday.
Yesterday being Good Friday and legal
holiday, all the courts stood adjourned. The
great Jackson Railroad case will be taken
up this morning before Judge Dibblc, Of the
Eighth District Court.