New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08
THE COURTS.
Supreme Court

10 tue court.
Mr.. Raw, Of counsel for plaintiff, stated
that he was ready, whereupon Mr. W. W.
King, OF counsel for respondent, read the
following answer Of the defendant in rule:
W. A. ElmOre, Judge of the Eight Dis
trict Court, presents the following as MS a.
aHer in the case Of the State ex rel. the At
torney General on the information OF George
F. Bovec vs.. the respondent:
That on the fourth of December, az me
opening Of the Eighth District Court, Jonn
Ray, Esq, presented motion requiring
that the iud gInent Of the Supreme Court. IN
the case Of the State eX. rel. George y. DO
wee va f. j. Heron, be recorded, aud
asked tlrat writ be issued to cause said
Judgment to be executed. Upon examining
the said judgment respondent discovered
that it was rendered on the second Of De
cenber, and, as by law it could not become
final until after the legal delay Of six days,
respondent therefore refused the motion
Before the motion was made the clerk OF
the court asked respondent whether re
should issue the writ, but respondent tod
him not to issue the writ unit! be had con
suited him frespondent)
On December 5, at II NJ th" clerk
If the court came to respondent aud SAID
that Mr.. Ray had again desired the issu-
auee Of the writ before asked 1.r. The
clerk then presented the judgment OF the
Supreme Court and the order dated Decenl-
Der 5. Respondent examined the papers
and found that to the original Judgment Of
the Supreme Court, dated December :,
certificate from the Clerk OF the Supreme
Court setting forth the written agreement
to waive the judicial delay, and tins agree
menJ was dated December 3.
This certificate was added subsequent to
the time when the original Judgment was
presented 10 the respondent, December 4.
When. on December 5, Mr. Ray presented
himself to the clerk, with a request that lie
issue the writ Of possession, respondent
court had adjourned, and the writ could
rot have been issued on that day. ] nat the
clerk came TO respondent tor ADVICE, ana
was told not to issue the writ as the judg-
ment of the Supreme Court was not re-
corded according to law.
Respondent says that il the application
for the writ had been made IN conformity
with the la 4, he would have at once com
Piled He further disclaims any idea OF CON
tempt, and says that he acted with MS
conscientious CONVICTIONS II he erred IN
his instructions to the clerk, he viii cheer
fully abide by the older Of this honorable
court.
After the reading Of the answer, Mr..
King remarked that from the terms Of the
answer, it seemed to him that it covered
everything necessary to prove that there
was no contempt intended.
Major j. H. New then read to the court
the answer Of Z. T. Manning, clerk Of the
Eighth District Court, also charged with
contempt Mr. Manning's answer en-
braced substantially what is referred TO IN
the answer Of Judge Gilmore.
Mr.. Raw then read to the court his own
affidavit, setting forth in the main the facts
contained in the petition.
Major New then offered the following Ger
tifcate:
Il hereby certify that after the date Of
the entry of the motion made III open court,
waving judicial days, in the case Of -.
no copv Of the decree was issued bv tie
clerk Of the Supreme Court.
JOHN NJ. HOWELL,
Clerk of Supreme Court Of Louisiana.
Mr.. John Raw, of counsel for Mr. Bovee,
read the following affidavit:
John Ray being duly sworn, deposea and
SAYS: That on Thursday, the fifth Decem-
Der, 1872, he obtained copy Of the opinion
Of the Supreme Court in the above entitled
case. and presented it to the minute clerk
Of the Eighth District Court Of the parish
Of Orleans, aud requested him TO file and
record it, and TO issue the necessary writ to
the sheriff to have the same executed. The
clerk filed the copy of Judgment but de
clined TO issue the writ, saying he wished
me to get the order Of the court 70 Issue
said writ
told him that was not necessary. but be
persisted. the next morning upon The
opening Of the Eighth District Court, pre-
scented motion to the court, with The copy
of Judgment of The Supreme Cour+, and
asked that the same be fled and recorded,
and that the necessary writ be issued 10
have the same executed, when the Judge re-
fused to make the order, saying there was
no evidence that the delay for an 8pplica-
ton for rchearing had expired.
then obtained q copy Of the agreement
Of the parties to the suit waving the time
applying for a rehearing and also copy OF
the order of the Supreme Court directing
the clerk of the Supreme Court to Issue the
mandate in this case; ! then took said
mandate copy Of the agreement OF parties
and order of the Supreme Court and pre-
scented them to Mr.. Manning, clerk Of the
Eighth District Court, on the fifth instant,
and requested and directed him to file and
record the same, and to issue the requisite
writ to cause said judgment to be executed:
he said be would have to see the fadge
first.
referred him to the articles Gi8, zig ana
GO OF the Revised Code Of Practice, and
read them to him. ] requested him 10 show
this law to the Judge, ard gavo MN the
book to do so lie went into an adjoining
room, and after an absence Of about five
minutes returned. saying TO me the Tadge
said lie might file the papers, but rad ior-
bid him from issuing any writ to execute
the Judgment until ordered BIZ him III 90 50.
lie fled the above documents, but refused
to do more, saying | must get Az uiG"T q
the court before lie could do anything fur
ther. then told him would rcsurC 10 tic
legal remedies for redress OF my client and
he said very well.
Sworn Oh the seventh instant, before MI.
Julian, deputy cleIk Cf the Supreme Court.
After hearing argument, the court ruled
that the writ ot mandamns be made per
emptury, and lne clerk WAS ordered 70 lsSgse
tie proper certificates
Tic question OF contempt is taken under
adyisement
Before the case was submitted tile argn-
ment took place, urged by Messrs w. w
King and John II. New respectively. Mir.
King hoped the answers Of Judge ILL
more and Mr.. Manning were entirely *
planatory Of their action and Of their inter
lion to do no wrong. The judge and clerk
of the Eighth District Court may have betE
mistaken in the law, but it was not tn III
presumed they should be punished as uriu.i
mails for that Ii lawyers We're led TO &c
count for all the mistakes made ~ them.
few would escape unwhippe1 q jUstlur.
N;r. King here reviewed the laws bear
ing Oh the subject IN controversy
and said il there was any error TEe
gentleman Mr.. Ray himself was y
guilty OF oversight as tic judge Or oIeIk ot
the Eighth District Court. When Mr. Hay
committed the error he did, lie ought y ue
more charitable to his fellow men than "A
try aud subject them to the d1sgracetGL
punishment Of CRIMINALS for making tie |
same error, If any there was. He regre-tt L |
TO have to allnde to the unfortunate vrA. |
ditiOn OF things under which this comma
nifty suffered; il was impossible that taiI