New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-13
THE COURTS.

being shown to the Satisfaction OF the court
that the bankrupt, Thomas +. May. had
complied with all the requirements of the
bankrupt law. he was thereupon discharged
from. ali his liabilities previous to the filing
of the petition, twentieth of April. 1871.
The mortgage creditors in the suit Of w.
DOyle against steamer LOtawanna are to
show cause on the fourteenth instant why
the appraiser should not be paid
In the SUIT against the steamer Bradish
johnson by Thomas johnson, it was decreed
that the libellants should recover from the
steamer S675.
E.. N. Waterman was appointed baillff
of the court
Testimony in the libel against the ship
Coronet for not paying seamen's wages 10
the amount of $63 was taken ex parte yes
terday. the captain not being present.
In the case of Fellowes Il Co., +. +.
Norton, assignee, has filed petition that
the firm itself may be adjudicated pank,
rupt, as well as the individuals which had
formerly composed it, that these may pro-
cure discharge from all their Liabilities.
The United States Circuit Court "took
time to advise upon the merits OF the fol-
lowing cases: E. II. Durell vs.: Stewart,
Newell & Co.: j. 0. Noyesvs. +. Z. Norton,
assignee; d. C. McCan VS.. +. Z. Norton,
assignee.
An Injunction as prayed for has issued
in the case of Colbert u. Nolie against -.
s. Cage and wife, on application by bill in
chancery.
In the case Of the United States against
a lot of merchandise, the appeal was dis
missed.
In the Sixth District Court the case of
Ansel Edwards, elected alternate Recorder
of the First District, against the city to re-
cover salary as Recorder from the time
when lie was "disappointed'' to the period
l.. llx hoU
terminated had no such unfortunate cir
cumstance occurred, was decided. The
Judge. accomplishing the facts attending
upon the resignation of Recorder HOugh-
ton. went on to say that Edwards rendered
his services to take the absent post IN &C
cordance with the duties of alternate, but
that the Council would not accept the
same. The judge held last. year that
Houghton, Recorder of the First District,
was removed under that article OF the con-
stitutiOn which declares that in the event OF
a Judgment for damages against any re-,
corder that Judgment shall ipso facto oper-
ate as a removal from office. In going on
to decide that the plaintiff was entitled to a
salary, the Judge said if that judgment
might be excepted to as operating re-
mOval on the ground that 1t was tired be-
fore jury. it is clear to my mind that his
resignation, dated month later and ac-
"
question as to who shall fill an office made
vacant is settled under the general law of
1868, which says that the Governor shall I'LL
all vacancies, except as Is provided Tor by
the constitution.
In this case the Governor appointed
Houghton to I'LL the vacancy occasloned
by his resignation. To my mind, the gen
eral law of 1868 has no bearing here, for
the status Of the recorder is determined
cin Of ha IA VI
was adopted in 1870, and acted prOtdnte as
a repeal of that section which provided
for the filling of the office. Were it not for
that provision Of the charter, the power OF
the Governor to fill the vacancy would be
clear; but in it it is stipulated that in the
event of the removal or resignation OF the
recorder, the alternate shall Immediately
assume the duties Of the office, and shall,
accordingly, receive the salary therefor.
The fact is, that the trainers OF that sec
ton meant that there could be no vacancy,
for the instant the recorder stepped out, the
| alternate stepped in. l am satisfied that
Edwards became recorder April 70, 1871,
and as such is entitled to recover salary
for the time claimed, to wit: to October l,
| 1871.
The suit of J. D. Taylor. formerly minute
clerk Of the Eighth District Court, against
Thomas Lynn, clerk, was passed upon by
Judge Collens, of the Seventh District
Court, yesterday. The plaintiff claimed
that he was entitled to the years salary,
having been dismissed before the eXplra
ton of the term. Upon the facts Judge
| Cullens decided that Lynn was informed
OF the plaintiffs willingness to undertake
the duties of the office, provided 1t would
be permanent, and that on a subsequent
understanding the price was to be good
round sum per annum. There Is nothing
| contrary to public policy in clerk of court
| STIMULATING that his deputy should hold office
| during good behavior, and shall not be dis
| missed arbitrarily or capriclOusly unless
| such stipulations interdicted the clerk from
a just exercise of his duty. The cause OF
the removal was neither just nor serious
| The omission of the deputy to take the
oath of office and record it was not the
cause of his removal, and it is too late now,
| after the removal for particular causes, to
4 urge another, particularly when it had been
tacitly reviewed, while the allowing of the
| deputy to act without recording the oath
| created the presumption that he was duly
qualified, and the burden was on the de-
| PENDANT to prove the contrary. The law
does not permit public officer to plead his
own neglect of duty as defense to con
tract. A single cause of complaint against
an employe is not sufficient cause for his
removal without having suggested the
omission and atfording opportunity to re-
pair it. 1t having been proved that the
| contract had been entered into; that the
plaintiff acted as minute clerk: that he
| properly performed the duties of his Office
until removed, presumption that he was
| duly indicted arose against the defendant.
Judgment as prayed for.
The case of Friedlander and other tax
payers of the city, praying for an inJunc:
ton to restrain the city from levying, and
the Park commissioners from collectip g
the tax authorized by the Legislature fol
the purchase of city park, was tried be
fore Judge Emerson on Monday Judge
Dibble Reused, being one of the PARK com
missioners), and submitted on briefs to be
| furnished.
Judge Dibble also decided the following
| eases:
| Henry Bidwell VS.. Charles Cavaroc an6
the Bank of New Orleans-On new trial
Decreed that the prescription of ten year:
must fail. Facts do not sustain the pre-
scription OF thirty years. Judgment il
favor o. defendant according to origina
| decree.
w. l.. Colcord VS.. Summers & Brannin-
Burthe 81 Labarre, intervenors-lnter
venors allowed to set aside the injunction
on giving bonds for $4,000 the surety to be
| approved in open court.
| Alexander A. Bullitt vs.. William Glide
Judgment tor defendants.
| ADJUSTMENTS.