New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-03

R. Hynes, No. 1872
One for seven hundred and fifty dollars,
dated August 10, 1869, in favor of J E.
Stephens, No 45O, and the other for eight
hundred and twenty-eight dollars and twelve
and q half CENTS in favor of s. D. 8. Walker,
No. 455, and that respondent pay costs of
| these proceedings.
Judgment rendered and signe1 fifteenth
September, 1869.
lsinged) W. H. COOLEY,
Judge.
I, William Woelper, Clerk of the Sixth
District Court for the parish of Orleans, do
hereby certify that the foregoing seven
pages do contain true, correct and com.
plete transcript Of the petition, affidavit,
order. answer and judgment, in the cause
wherein J. F. Rohrbacher is plaintiff, and
6. NJ. Wickliffe, Auditor of the State of
Louisiana, is defendant, the same being
numbered six hundred and ninety on the
docket Of said court, and of record thereof.
In testimony whereof, have hereunto set
my hand, and affixed the impress OF the seal
Of said court, at the city of New Orleans on
this eighteenth day Of February, in the year
OF our Lord, one thousand eight hundred
and seventy, and in the ninety fourth year
OF the independence OF the United States of
America
WILLIAM wOELPER, Clerk.
Obato Oi hOutSlhuds OlAIA OistIiCb OOuFb
for the parish of Orleans. State of Louisi-
ana on the relation Of A. P. and F.. E.
Dumas VS.. G. n. Wickliffe, State Auditor
No. $40,
Filed August 6, 1863.
To the Honorable the Judge OF the Sixth District
Court for tne Parish of orleans:
The petitiau Of Alcee Pierre Dumas and
Francois Ernest Dumas, both residing New
n kf,l nnvnta hat nnfi
TONERS are the bona tsde holders and owners
of certain certificates of Indebtedness of the
State of Louisiana, issued by G. N. Wick
| life, State Auditor; that all of said certif-
| Gates, amounting together to the sum Ut
| twenty-five thousand seven hundred and
| twenty-three dollars and seventy.fOur cents,
were duly Endorsed and transferred to petit
| TONERS, who bought them in good faith;
that said certificates were illegally issued
| BY said Auditor in place of warrants and &C.
| cepted through error; that petitioners are,
| therefore, by law entitled to receive from the
| State Treasurer said sum of twenty-five thou
| sand seven hundred aud seventy three dollars
and seventy -four cents; that petitioners have
not exhibited their said claim 10 the State
Auditor, to be by him audited. settled and
allowed, and have made to him tender of
said certificates to that effect.
That said Auditor refuses to audit the
| same, and for that purpose to draw war
rant for the amount thereof on the State
| Treasurer, according to law, without which
warrant the same can not be legally paid.
That the slowness of ordinary proceedings
would afford them no adequate remedy in
| the premises.
Wherefore they pray that writ of
msndsmus issue to G. NJ. Wickliffe,
State Auditor, ordering him to audit, &C.
cording to law, petitioners claim against
the State of Louisiana, and for that purpose
Ir, mt in rnti o. faCn
on the State Treasurer for seventy-fve thou
sand seven hundred and twenty-three dol
lars and seventy-four cents, and conditioned
as the law requires. or to show cause to the
| contrary, at such time as the court may ap-
point.
And petitioners pray for general relief
Signed, c. &. Schmidt and 7. A Seghers,
attorneys,
| AFFIDAVIT.
Alcee Pierre Dumas and Francis Ernest
Dumas declare on oath that all the facts al.
legged in the foregoing petition are true.
(Signed) FRANCIS E. DUMAS
| {Signed) G.. r. DUMAS.
Sworn TO and subscribed before me.
New Orleans, August 5, 1869.
(Signed)\ JOHN P. MONTAMAT,
Third Justice of the Peace
oRDER.
Let q writ of mandamus issue as prayed
for herein, and let G. NJ. Wickliffe, State
Auditor, be ordered to show cause on Tues.
day, August 10, 1869, at 10 A NJ, why
he should not comply with the prayer of the
(signed) W. H. COOLEY, Judge.
New Orleans, August 6, 1869,
ANSWER:
Filed August 10, 1869.
State of Louisiana eX rel. A.. p. and F. E.
Dumas, VS.. G. NJ. Wickliffe, State Auditor
No. 670-Sixth District Court, New Orleans,
| louisiana:
Now into court comes defendant herein, by
S. Belden, Attorney General Of the State OF
Louisiana, and for answer to relater's petit
ton, and the demands therein contained,
pleads general denial, except as to such
facts as may be specially admitted. Re
spondent admits that REALTORS are holders Of
certain certificates Of indebtedness by the
Auditor of Public Accounts to the amount
he alleges in his petition, and further says
that said certificates were given for public
"printing and advertising;" and respondent
for further answer, says that he Can
not draw warrants for the same, for
f the reason that the appropriation made fol
printing and advertising have beenIexhaust.
ed, and there is no money remaining ap
propriated against which he is authorized
. to draw Auditors warrants.
For these reasons, he prays that REALTORS
petition be dismissed at his cost, and fol
general relief.
(Signed) S. BELDEN,
Attorney General of Louisiana.
} JUDGMENT.
State Of Louisiana ex rel. A. P. and F. E.
Dumas VS.. G. NJ. Wickliffe, Auditor OF Public
Accounts-No. 67O-Sixth District Court fol
the Parish of Orleans.
This matter came on this day fol
trial. E. Phillips and j. A. Segburs for re-
lators. S. Belden for respondent.
,, After hearing pleadings, testimony anG
counsel, the court considering the law and
evidence to be in favor of the relator, It is
ordered aGd adjudged that the mandamus
herein sued tor be made peremptory. aD6
that the respondent, 6. ". Wickliffe, State
Auditor, be and he is hereby ordered anC
commanded to issue warrant on the State
Treasurer, in favor of the REALTORS. A. P
Dumas and F. E. Dumas, for the sum O
seventy-fve thousand seven hundred and
twenty-three dollars and seventy. -four cents
!, (S75, 1923 74), or for the amount of such Ger
tihcates of Indebtedness of the State of Lou
isiana for public printing referred to in the
petition held by the REALTORS which they may
return to the possession of the respondent
and that respondent pay costs.
Judgment rendered and signed sixteenth
OF August, 1869. Eight words interlined anc
l (signedJ W. COOLEY,
Judge.
I, William Woelper, Clerk of the Sixth
District Court for the parish of Orleans, dt
. hereby certify that the above and foregoing
eight pages do contain true correct an(
complete transcript of the petition, affida-
, Wit. order, answer and Judgment in thu
!. cause wherein the State OF Louisiana on th,
| relation of p and r T. dumas are Main