New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-03

and the following decisions were read:
State ex rel. George f. Bovee vs. +. J.
Ucrron-Appeal from the Eighth District
Court. parish of 0rleans.-On the twenty
ninth Of August 1871, the Governor sus-
nended George 4. BOvee from the office OF
Secretary OF State, for alleged malteasance
in office, and appointed +. j. Heron to dis
charge the duties thereof, in the language
of the order OF suspension, until the Legs
Iature shall act upon the subject III accord
ance with the constitution"
On the sixteenth Of February. 1872, he
presented specific charges against said
Bovee to the Legislature, convened on the
first Of January preceding. and requested
that if the charges be sustained BoVee be
iInpeached and the matter was referred to
a special committee, who, after hearing the
Witnesses on both sides, made report on
the laet day of the session Of an indefinite
character. upon which no action appears TO
have been taken By the General Assembly
Soon after the adjournment, Bovee Instl-
tinted this proceeding, under the intrusion
action, stating as his cause OF action UhaC
the suspensiOn only operated untli the
Legislature should act on the subject, and
NOT having done 80 he was entitled to the
Office.
We find, annexed to the record, motion
TO dismiss the appeal. con the ground that
it il not made returnable according to law"
There is no intimatiOn in what respect it is
not made according to law, and we can dis
cover no irregularity upon which the mo-
ton can be maintained, and 1t Is therefore
denied.
We find also in the record the plea of res
iudicata by defendant to the demand IN the
usual form, that the same matter has been
determined, in former suit between the
same parties, in favor of defendant, and
the appeal therein dismissed, the ludg-
ment thereby becoming inal The record
OF that suit is before u.s. and it shows
the cause Of action b have been the want
of authority in the Governor to suspend the
relator which, however enormously. may
be considered as definitely settled, ad-
versely to the relator, as between the said
parties But the cause of action in this
suit is a different one, and has acquired its
force since the institution OF the other,
to wit: that by its terms the order OF sus-
pension was operative, land until the meet
ing and adjournment of the General Assem-
bly, OF the State then next following tire
suspension" n the said Gene! al Ascend
having adjourned and expired without hay-
ing impeached the relator, or in any manner
acted upon the matter, he was theTeatttr
not subject TO ner affected by the suspen-
sion The plea was properly overruled.
On the merits the case is clearly with the
rGlator as to need no argument.
Admitting that by sheer accident or ne
glect in taking the appeal in the former
proceeding, the law OF this case, as between
these parties, sustains the suspension by
the Governor of an officer whose suspen-
sion in such way neither the constitution
nor any statute has made provision nor
given any sanction. 1t was to have effect
only until the Legislature should have an
opportunity to impeach him. This not hay
ing been done, he was unquestiOnably en-
titled to resume the functions of his office,
in this instance, Immediately upon the ad-
iou1nment Of the Legislature, and his exclu-
sion was an active arbitrary violation of his
legal and constitutional rights as Secretary
OF State for the remainder Of the term for
which he was elected
1t is therefore ordered that the judgment
appealed from be reversed, and that there
be Judgment declaring George E. Bovee
Secretary OF State under the constitution
and laws of Louisiana, and that he be forth
with restored to she full possession of
said office, with all the books, papers,
archives, seal, furniture, etc, belonging or
appertaini1g thereto, and to the undlsturbed
exercise Of all the duties thereof, with costs
din both courts.
Mrs. Nj. A. Bowles VS.. Joseph Pierce ct
al.-In this case it ia ordered that the sale
be made, and the proceeds, or so much
Ihereof as may suffice to pay the sum due,
be deposited, subject to the order OF court,
TO await the decision of the suit pendingS
Monroe Havart VS.. Elvi Jotfrion.-Appeal
dismissed.
Louis Cavalier VS. police jury, parish of
Jefferson, right bank.-MOtion to dismiss
overruled.
Mrs. S. Moussier and Widow A. Courcelle
US. +. w Cuisine and c. S. Sauvinet,
sherif-Judgment committed and set aside
as to Mrs Moussier, and maintained for the
further ordered that the injunction
he perpetuated as to Mrs. Moussier
with costs in the lower court and that it be
dissolved as to Mrs. Courcelle with ten per
cent damages on the amount enjoinCd which
are decreed against Mrs. Courcelle and her
suretes on the injunction bond IN solido,
she paying all costs,
Victor Belot VS.. city Of New Orleans
Judgment affirmed.
Jules Lanabere VS.. city OF New Orleans
Judgment affirmed.
Justice NJ. Moss VS.. Francis NJ. Fisk
Appeal dismissed.
II. A. Benoist ct al. VS.. Thomas Markey,
Judgment annulled, avoided and re-
versed. 1t is further ordered that the eX-
ecutOr of BenOist recover from the estate OF
Newman $70l5 Is, and in like manner that
luG NEUTRALITY-SUSPICIOUS. Vi DuaW . estate ANtONOA
from the estate of Newman the sum OF
Sl667 70 and all costs Of suit.
Smith q McKenna vs. Edwin Chastes.-
Motion to dismiss Overruled.
Louis Surgi VS.. George A. Freret Appeal
dismissed.
Carney g. Parker, executors of Walt
mann, vs.. Charles e. Alter ct al-Judg-
ment annulled as to Charles D. Alter and
u. K. MOrphy, and plaintiffs demand re-
With onsts II, bOfh courts
Laurent Julien VS.. captain and owners Of
Wade Hampton.-Motion TO dis
miss overruled,
New Orleans School of Medicine vs. Mer-
chants Mutual Insurance Company, ct ais.
Judgment reversed, exception maintained
and plaintiffs action dismissed with costs IN
beth courts.
L. Uzac & Co. VS.. Dominique Verges.-
j Judgment affirmed.
B. A. Malone ve. Laurence Carey.-Mo-
ton to dismiss appeal oyerruled.
Succession of Edmund HOgau.-Appeal
at costs of Peter Gallagher, APP
pellant.
State ex rel. Durapau VS.. Judge of the
Fourth judicial Observation-Disclosures made
peremptory.
Cass & Bowling vs., L, j. Rua rk-Jundg
ment affirmed.
James Hugh VS.. Joseph Hernandez etal.-
Judgment affirmed.
Rufus NAPLES VS.. Thomas Layton and
Southern acknowledgement annulled and
ordered that plaintiff recover Judgment
against the Southern Bank for $4,000, with
legal interest thereon from judicial demand.
REHEARINGs GRANTED.
Factors and Traders Insurance Company
VS.. the city of New Orleans.
James Hugh VS.. Joseph Hernandez and
others.
New Orleans School Of Medicine VS. Mer-