New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-02

Eighth Diserict Court Iasaanus spsa the
eeaee Auditor.

sishsh Distrscs Court BIasaanus spsa tie
sease Auditor.
The State Of LOuisi ana OK rel. =. 1erle
(broker), who resides in the CITY OF new
Orleans, represents that relator y tne n0ider
'ieeued by the Warrant Clerk, j. Pinckney
Smith, on the State of Louisiana. tor con-
tineent expenses of the Legislature Of the
State Of Louisiana ct it's late session OF lo9l'
ten Of them being for the Senate, and c0un-
tersigned BY O.. J. Dunn, Lieutenant Gov
ernor and President Of the Senate; =. r.
Whitney. chairman Committee on Con
tlngent Expensea, and Charles =. Me ts
Secretary Of the Senate; and seven OF them
beinr for tha House of Representatives,
and countersianed by g. w. Carter, Speaker
Of the House; p. Jones Yorke. chairman
Committee ON Contingent ExPenses, and
William Vieers. Chief Clerk Of the House;
and one of them signed by WV. Devices,
chairman Committee ON Contingent Ex-
penses, and Mortimer Carr, speaker OF tne
House. representing. in eli tne suM a. ..
$A.9@ 80, all Of which warrants cr o.S Sens
were duly indorsed by the parties to whom
thew we're made payable, and which are
annexed and made part hereof -,
That by the general appropriation Dl!i
lately passed by the Legislature of this
State, there was an appr0prlata0n LOT the
| contingent expenses Of the Assembly OF
4l25, 100, and your relator u entitled 70 De
paid or provided for out OF said apporuon-
ment by the terms thereof.
That your relator has applied to ana de-
manded of James Graham, Auditor OF Pub
lilo Accounts of the State, for warrants ON
| the State Treasurer for the several amounts
/ of the aforesaid warrants of j. Pinckney
/ Smith. to which he is, a. holder thereof, en-
i titled by Law. and the said Auditor has re-
| fused to issue said warrants to your relatOr,
averring that said superintendent has been
/ exhausted.
Wherefore your relator prays that in
confederation of the premises and the an
| nexed affidavit. the said James Graham be
| ordered to issue and deliver to your relst0r
warrants on the State Treasurer, to be paid
out of the aforesaid spporticnment, for the
sum Of ~, 1884 30, and for costs and general
! relief,
Orier-Let writ of mandamus issue -
within prayed for. commanding james
i Graham, Auditor Of Public AccOunts, to
comply with the prayer Of the petition, OF
i show cause to tho contrary ON Tuesday,
April 4, 1877, at ten o'clock A. u.
,50i8 II. C. DIBBLE, Judge. B.
Sixth District Ceurt.-The Apparent Cen
Aics Between JaAges Dbbse and
Cooley.
The rule in the contempt case growing
out of thu Dunbar-Steib controversy was
tried and Judge Cooley decided that a.
though Dunbar knew nothing of the pro
ceedings, and meant NO contempt, yet in
Law, there had been ON his part and in hia
name an unlawful interference with tho ex
ton from this court That the injunction
obtained by him. from tho Eighth Distric!
Court was utterly without jurisdiction, and
NOT binding ON any ono or the Sheriff; that
it had not only issued improvidently but the
Judge of the Eighth District Court had %
decided himself, and awarded damages
against Dunbar; that he was merely ap
plying. tho same logic to the Eighth District
Court, which it had laid down in . similar
case Though mot 90 strong - the one q
bari, in which Judge Dibble held that thu
court was without jurisdiction to punish
certain parties for contempt, because thu
proceeding in which the violated injunction
had taken place had been transferred to thu
Eighth District Court, and consequently LEFT
this court without jurisdiction, and NO CON
tempt could be committed under such cir
1870, to prevent collision of jurisdiction OF
the writs to execute judgments of the sew
eral courts, and expressed himself clearly
of the opinion that the law imposed up0I
the judges the obligation, under penalty
to stop at once any proceedings had will
the view to produce collision or to impede
the lawful writs Of execution from the sew
eral courts.
Tho Judge concluded that he would NO
punish the parties for contempt, but his writ
must aud shall be obeyed, and ordered tn
Sheriff to proceed herewith and execute j
BY twelve O'Clock Monday, and intimate(
If it was not done he would ascertain who's
fault it was. g.
Second District Csurs-The Alleged CsAi
ell g the McDsaeGh Will
The argument before tho Second Distric
Court upon the exception filed by Messrs
Semmes & Mott of res j,sdicata IN the mat
ter of tho petition Of Moses Fox, praying &
have probated in that court an alleges
codici1 to tho will Of John McDonogh
wherein he Is made q legatee in the amour
Of $500, 900, was concluded yesterday an
submitted to the court.
Messrs. Belden, Cutler and Hyman spok
for the plaintiff, the counsel for the defens
submitting the rule without argument.
Mr.. Hyman went 90 far in his argumen
- to contend that if res jssdieata was he'll
in the proceeding before tho court. an.
other party might come in who had no
lower and Supreme courts had given juda
mont, and pray to have tho codicil probated
MiscellaneoasJThe Adjoazu0ess Of u
Courts Dariag Holy Week. ~
Tho several district courts have conclude
mot to hold sessions during holy week. L
the Eighth District Court, however, rule
will be tried on Monday, Tuesday IN
Wednesday, and in the Sixth District C0uI
cases fixed for Monday viii be tried.
the other courts NO business will be trar
q sacted.
Several suits touching State warrant
issued for per diem and contingent expense
of the late Legislature, have been institute
in the Eighth District Court, the nature {
which will be made known in our Tuesda
edition. .-f.t1 ..litt. .ss
Evermont congratalates herself upon til
prospect 1of An unusually prolific mapl
sugar crop this spring. -
| n(l0LEY12 VEA0T p0WnER