New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-21


reasons which will be more fully shown on
the trial of this cause; in law, beside other
reasons to be shown hereafter, because the
act No. 76, approved March 9, 1870, if it
authorized such proceeding, which is speci-
ally denied, was repealed By the act No. 81,
approved March IA, 1870, reinstating arti-
cles l2S, 100 and 100, and other articles of
the Civil Code and laws relative to divorces
and separation from bed and board; also
that the act No. -, approved -, 1871,
relative to appeals, is null and unconstitu-
tional, and, if good, would not give effect or
force to divorce or other proceeding under
repealed law, as in act No. 76, approved
March 9, 1870. Petitioner further AYERS
that she is to-day the lawful wife of AlYa
~ HOlbrook, defendant, and that the prom
erty situated No. 208 Constance street Il
her separate property; that the proceedings
Tor divorce in this court No. 43l2, are q
fraud and nullity, and an imposition on
the court itself, and add to the grievOus
Ilst OF wrongs and Outrages perpetrated on
petitioner during eight years of married life
by defendant and his aceOmplices: that pc
tdoner is further informed that a com
munlty Of rights and interest in properties
acquired during the coverture pertains to
her, and that Notwithstanding he, her hus-
band, AlVa M. HOlbrOok, has, without her
knowledge or consent, assumed to mort
gage. sell and convey properties in which
petitioner has an interest, and which trans
fers and hypOtheeatiOns petitioner contests
and opposes, in whole and in part, and will
cause to be set aside as null and void in
law and fraud on her rights.
Petitioner further represents that on her
return recently from the North she found
her residence. No. 208 Constance street,
occupied by Miss -, young lady who
had been accustomed to visit at petitioners
house, and was there without petitioners
authority or consent. Now petitioner AYERS
that she is DESTROYS of being separated in
bed and board from her said husband,
Alva M. HOlbrook, of New Orleans, and
eventually divorced from him rillculO ct
nGtYimOnie, for the reasons herein set forth,
and for other reasons good and sufficient in
law and fact for the prOeuration of a di-
YOrce, and especially because of his outrage
GUS and i'll treatment of petitioner,
and because he has been guilty of
adultery during their marriage, and, as
she is informed, at her house under petit
TONER'S roof
Petitioner further represents that she is
in necessitOus circumstances; that the de-
PENDANT, her husband. Alva NJ HOlbrook,
is possessed of large property, wealth and |
income, and is besides possessed of the |
community property of petitioner, and of |
her house, furniture, ETC., No. 2OS Constance |
street.
Wherefore she prays to be authorized |
herein by the court to appear and maintain |
this action; that her dOmicile be assigned |
at No. 2OS Constance street; that she be /
allowed $500 per month alimOny, or such |
amount as the court may adjudge neces-
sary for petitioners maintenance during /
the tendency of this action; that the said |
judgment and suit in No. 1919 be declared
null and void, and that writ of Injunction /
issue herein enjoining her husband, Alva
M. HOlbrOOk, from executing the same, and
from IN any manner interfering with petit
toner, or mOlesting her, and. for the preser-
vatiOn Of petitioners rights, from trans
EerTing or dispOsing of any of his estate,
real or PERSONAL and that an inventory
and appraisement be made of the movables
and immOvables in his possession: that a
copy of this petition be served on Alva NJ.
HOlbrOOk, and that he be cited to appear
and answer the same, and to comply with
he demands and orders herein and that
lfter due proceedings had, there be iudg-
nent perpetuating Injunction herein, estab-
ishing the alimOny of petitioner, and deter
mining her entitled to her community
lights and properties in the estate of A. NJ.
IOlbrOOk, and especially to her residence.
So 2Oo Constance street, the property No. So
lamp street; that there be Judgment separat-
ng the petitioner from her husband. Alva M.
tOlbrOOk, to the end that after the delay of
ne year required by law, and no reconcile
ton taking place meantime, she may
ecure final decree of divorce, protection
rom A. NJ. HOlbrOok, her property, rights,
nd full, just and adequate compensation
Or the losses and injuries she has sustained
t his hands, and especially for the loss of
er child caused by his violence to
or, and the loss Of physical health
nd mental ease caused by his out
ageOus conduct, neglect and personal
Ijuries inflicted; the attempted social and
lOral defamation. and the villainOus false ,
Gods, tricks and plots invented and put
'rward by him to bolster up his own IN
Dund and immoral character, and to de-
troy that of petitioner by bringing it down
or below the level of his own in public
5tlmatiOn, such as no strong man, however t
ad, would attempt upon a wife, however
eak
Petitioner prays for all and equitable re-
eff, such as the laws of Louisiana afford to
Oman-such as the laws of God afford to
1man beings-and such as humanity, jus
&c and equity will indicate after full
caring of this cause,
Respectfully submitted,
RS. JENNIE BRONSON HOLBROOK. 0
New Orleans, June l9, 1872.
ORDER.
Let petitioner be authorized to bring and Il
OsecuUe TINS SUIT; let her be authorized to
side at No. 2OS Constance street. in this
ty, during the tendency of this suit; let
II husband, Alva M HOlbrook be pro-
bited and enjOined from mOlesting or in
rfering with her at her said residence, and
her said husband, Alva NJ Holbrook,
y to petitioner as alimOny the sum of two
inbred dollars per month during the pen
ncy of this suit; let him be enjOined from
sposing, to her detriment, Of the com
lnity property existing between them;
an inventory be made by Octave Morel,
notary public of this city, and let Philip
'wer, Jr., and Louis Richards be appointed
appraisers to value the same.
New Orleans, June 90, 1872.
CHARLES BEAUMONT, a,
dge of the Fifth District Court. acting in s
the absence of Hon. H. c. Dibble, judge
of this court.
A true copy: