New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-22

she lower court, dismisslng the relators aIt
,peal on the ground that the surety on the
appeal bond had become insolvent since
said appeal was granted. The gelatOr con-
sends IN the petition for the writ of pro
hibiton that the appellee, Charles A. NJ.
Poutz, had failed to show the Insolvency
complained of.
superior District Csnrt.
In the case of Joseph Hernandez ct als.
&c. Charles Clinton, State Auditor, where
AN Injunction issued restraining the Auditor
from warranting or auditing 90 the mem
(bers and officers Of the General Assembly
of the State the thirty per cent additional
appropriated to SAID members to balance
the discount on their warrants, the defend
ant, as already reported, took n rule to
dissolve the Injunction. and the same came
up for trial on Thursday. twentieth instant
after hearing arguments OF Judge Henry
&. Dibble for plaintiffs, BiIlings and Field
for defendant, and w. II. Cooley. and Rice
and Whitaker for iDtervenors. the court
ordered that the rule to dissolve tie !lIuDc'
6 ION be discharged.
Thus the injunction restraining the pay.
inent of the thirty per cent additional! com
IIensation is still in force.
State of Louisiana VS.. l.. +. itmarie.-1n
this case Judge Dibble. OF counsel for dc.
PENDANT, has filed an answer denying tho
allegations contained in the rule to show
against Lemarle fOrs$2I ,OUS 10, eIcept II 80
tar as may be specially admitted.
Respondent admits that he was the late
tax collector for the Second District Of the
CITY of New Orleans, but he denies that he
L. in default, or that he has refused to pay
into the treasury any cum or amount col.
Nected by him and due the State.
Specially answering, respondent shows
shat on the occasion OF his final settlement
with the State Treasurer, January g, 1873.
DO had in his possession the sum os $lS.
OSz "a due the State, which amount he then |
eendered TO the State Treasurer. and then
and there claimed from him final receipt |
and discharge. The Treasurer received !
from Lemarie the sum of $3.50 90. for |
NEhch amount receipt was given. /,
On said date, and when attempting to |
snake a final settlement Eemarie presented |
60 the State Treasurer certain warrants
drawn by the Auditor on the Treasurer, !
amounting in the aggregate TO $l6, l25, and
sequested the Treasurer to receive Che
Same in part isetslemept Of the amount duo
d. State.
G.rmarle shows that ne had received the
eaid warrants for taxes in conformity 90
Saw, but th.t the Treasurer refused to re-
seive the same, although il was his duty 20 |
have done so. iemarie contends that ne
gas prevented from completing his final
settlement but that he then placed all of /
eaid warrants in the hands of the cashier Of !
She treasury who has held th. sam. IN hi,
hands from that time 70 this. /
There remained in Iemarie's hands the
cum OF $l2 0Gt 81. which he Oh the eighth
OF March, instant, paid over.
He alleges that ne is not indebted TO the
State in any amount, but admits that Sech-
Aioally he stands charged with tho amount
Of SIC l21 so, which, however. is repre- !
eente6 by the aforesaid warrants nov in
Che hands Of the cashier OF the Ire 1suFeH, ,
and which said warrants 10 10 the duty Of
che Treasurer 90 receive an huaf settlement |
Of the amount due the State by Eemarie.
Gle prays that the rule taken against him
and his sHreties be discharged. and that
che Treasurer be ordered 90 receive the |
now in the hands OF his cashier.
TO $l6,fl5 SO, in final settlement
of the accounts of Hemarie az tax collector
Cor the Second District.
State of Louisiana ex ref 4 Rosenberg
%. CHARLES Clinton, State Auditor.-Rela-
Cor applies for writ of Injunction restrain
ting the Auditor from issuing any warrants
en- the treasury under the appropriation of
go, 600 tor expenses of the General Assem- |
bly, of 1871. in act No. So Of 1873: that n |
sule niSi issue 80 the Auditor 90 show cause
why a mandamas should not be granted
ordering him to issue to yelatoT warrants
sof tbs amount of $4,000.
Second District EoutG.
The 8uccessions eft FRANCOIS Xavier
Kochasson and Ann Elizabeth ThOmelain. |
his wife: al CayetarO Vincent and Marie |
6yupidon, wife Of 4. BAchus, and MAYER
IsolchAuX, have been opened in this court. |