New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-18
THE COURTS.
United States District Court-In Bank
ruptcy.


ruptcy.
The open accounts, bills receivable,
claims and other surrendered securities in
the bankruptcy matters against Charles H.
Chase, A. b. Farr, Mrs. R. Washington,
Collins & Young, j. A. Mediation. II. c..
COlOmb, F. Seip, A. Rhody, s. F. Power,
c. I. Picton, S. C. Reid, w. NJ. Owen,
George W.-Sizer and E. F. Forster are or
dered to be sold by the assignee in each
case.
E. E. Norton and w. L. Jewell are Or
dered to show cause on Friday why GER
tain property should not be sold, and the
rent bills paid in cash by privilege.
In the case Of Davis & Jackson rule sub
mitted.
Sixth District Court.
Bertrand Claverie has entered suit
against the city to recover $3.50, claiming
that that sum is due him as salary for per-
forming the duties of commissioner of
private markets, having been appointed
thereto September 80, 1868. by John r. Con-
way, then Mayor of the city.
That petitioner held the office for period
of fifteen months, but that owing to the
financial embarrassment Of the city gov
eminent, he received his salary but for six
months. leaving unpaid the sum sued for.
1t seems that CaIverie sued the city in
October, 1870, before the Fifth District
Court but the record in the case having
been lost, the suit was discontinued and en-
tered as stated.
Eighth District Court.
The Attorney General, on information of
William George, has commenced a suit IN
der the intrusion act against what is known
as the board of State assessors for the city
of New Orleans, consisting of. w. Swords,
II. Harris, B. p Blanchard j. w. Fairfax,
To- al bo
petition represents that William George
was appointed State assessor for the
Fifth District, in and for the city of New
Orleans, in March, 1871, and that at the
same time j. w. Swords was appointed f, r
the First District, Joseph Mansion for the
Fourth, H. L. Rey for the Third, H. Heiden-
hahn for the Second, and j. j. Gutierrez for
the Sixth, all of whom were appointed to
serve until January l, 1873. That the above
ct a :. b ave usurped, intruded into and u.
lawfully hold and exercise the public office
and franchise of State assessors. and that
Judgment should be rendered, decreeing
them to have SO intruded, and that petit
TONERS be entitled to the offices aforesaid.
The following is the prayer as it is:
Wherefore, petitioner prays that citation
issue to each Of the said parties, to wit:
l. The board of State assessors for the city
2. To j. w. Swords; 3. To H. Harris; 4.
To B. P. Blanchard 5. To J. w. Fairfax;
6. To Jack Wharton I. To c. w. Ring
gold: that after due course of law each and
all of the said parties, individually and col
lectively, and the board of State assessors,
of which they are members, be decreed to
be usurpers and intruders, unlawfully hold
ing or exercising within the State the public
offices or franchises of State assessors for
the parish and city of New Orleans, and OF
the board of State assessors of said city,
and that there be judgment decreeing that
the following persons, to wit: Swords for
the First District, Heidenhain for the Sec.
ond, Rey for the Third, j. Mansion for the
Fourth, George for the Fifth and Gutierrez
for the Sixth, are the persons rightfuliv en-
titled by law to hold the office of State
assessors for the city of New Orleans, to
act as members OF the board of State assess
ors, and to act as the board for the same.
The following return was made to this
court by the Sheriff.
Received -, and on the same day,
month and year served personally copy of
the within petition and citation, by leaving
the same at his dOmicile, a stall in the
Dryades Market, in the hands of his wife,
person appearing over the aye Of fourteen
years, said defendant being dead at the
time Of this service, all of which focts l
ascertalned by lnterrOgatlng said Mrs. -.
who is living and residing in said domicile.'
In the case of the State of Louisiana ex
rel. Mrs. Harriet S. Ball VS.. F. j. Heron
and Mrs. A. M. c. Massena, Messrs.. Hays
& New, attorneys for the defendants, have
fled answers excepting to the petition filed
n this case on the ground that the right to
he two Offices of Secretary of State and
State librarian, held by two separate. per-
sons, can not be joined in the same suit.
They further except that the petition dis
closes no cause Of action as to the defend
INT.
In case the exceptions are overruled
hey deny the allegations of the petition as
o usurpatiOn, and plead that the right of |
appointing a State librarian is vested in
n the Secretary of State, and F. J. Heron
las been by final Judgment of this court,
endered in the case Of the State on relation |
# George z. BOvee vs.. +. j. Heron, ad- |
judged to be the legitimate occupant of the |
tfice Of Secretary of State, by this court. |
nd the validity OF the Judgment nor the |
light of said Heron can not be questioned |
Il collateral suit, and is res judicdta.