New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-01
COUNT RECORD.
TUESDAY, JUNE 30, 1874.
Superior District Court.

TUESDAY, JUNE lOfd
Superior District Court. |
George w. Kendall vs. Sheriff Harper ct
alleges ownership OF prop |
erty on CarOndelet street which has been |
seized in a suit against Mrs. Catherine
Miles; that neither he nor the property are
liable for her debts; that he has suffered
damages to the amount of $500 for this siez-
ure. and prays for an Injunction, which Is
H. II. Walsh vs.. city OF New Orleans
Suit for salary for months of March to
June, 1874. Taken under advisement.
superior Criminal Court.
State vs.. Joseph hugel.-Murder Yer
dict, guilty, without capital punishment.
State vs. Jack Owens.-Burglary and as
sault with weapon. Verdict, guilty, with
out capital punishment.
TRUE BILLS
w. L. Jurgielwiez and w. H. Slubicke,
H. s. Latourette, oppression in office. ex-
tortion and false imprisonment.
Paul Be.hancOurt, false imprisonment.
First District Court.
State vs.. William Finlay.-Larceny. Plea
of guilty.
State Vs. Clement Washington.-Enter.
ing etc. Verdict, guilty of larceny.
Third District Court.
Judge Meunier rendered the following
decision: @
Alsace and Lorraine Benevolent Society
VS.. j. B. Henry.-The plaintiff herein, al
leging to be an incorporated association
doulciled at New Orleans, has instituted
this shit against the defendant, j. B. Henry,
to recover from him the sum of $40 IS for
his monthly dues as member of said AL
sacienne and Lorraine Association. For
answer to plaintiffs demand, the defendant
filed q general denial in the lower court.
On the trial of the case, the justice of the
peace having rendered a Judgment in favor
from that Judgment. Before this court the
defendant filed an exception, setting forth
that the plaintiff has no right to stand in
Judgment, there being no such person or
civil corporation as the Alsacienne and Lor-
ralne Benevolent Association, and he pravs
that plaintiffs suit be dismissed. 1t is
proper to dispose, at first, of the above ex-
ceptiOn; tor It it il we'll founded in law, it
must be maintained, and it will then be-
come unnecessary to eater into the examina-
ton of the merits of the case.
1t is contended by the counsel for the
plaintiff that the exception herein filed by
the defendant comes too late before this
court; that the same should have been
pleaded before the lower court IN imine
litis, and before issue joined. The excep-
ton which the defendant relies upon is
neither dilatory nor declinatory one; it
is an exception that plaintiff herein is with
out any right to stand coran, JUDGE. Such
an exception is peremptory one, founded
in law. which may be pleaded at every stage
of the proceedings previous to the detinitive
judgment. The Alsacienne Mutual and
Benevolent Association has been estab-
lished in New Orleans in the month of Oc-
tOber, 1860, under the statute of the Legis-
lature of this State approved March IA,
1855, and entitled ian act for the organiza-
ton Of corporations for literary, scientific,
religious and charitable purposes" By the
first section of said statute it is enacted
that "whenever any number of persons ex-
ceeding six shall be desirOuS of forming
| themselves into corporation or body poll
| tic for any religious, scientific, literary or
charitable purpose, and to acquire and en-
| joy the rights, privileges and powers
of body corporate and polite in law,
it shall be lawful for such persons
to prepare and sign an instrument, either
| in an authentic form or under private sigma
| ture, wherein they shall declare and specify
the purposes and objects Of such corpora
| ton, the name, style and title thereof, the
place of its GOmiclle, the manner in which
the managers and officers are to be chosen,
| the officer on whom citation may be served
and the length of time during which the
corporation shall exist and continue. The
act Of incorporation shall be handed to the
district attorney for examination as to its
legality, and should said district attorney
be of opinion that the purposes and objects
of said corporation are legal, and that none
of the provisions contained in said act of
incorporation are contrary to law, he shall
indorse his opinion to that effect thereon.
The act of incorporation, with the opinion
of the district attorney, shall then be re-
corded in the Office of the parish recorder
or other officer performing the duties of
parish recorder, which act, when so re-
corded, shall constitute the subscribers to
the same, and their associates and sue
| cessOrs, a body polite and corporate for the
purposes and objects declared and con-
tanned in the act of Incorporation"
The act of Incorporation of the Alsacienne
Mutual and Benevolent Association, which
is dated at New Orleans, April 90, 1861, is
in the authentic form, but it does not ap-
eral clauses contained in said act, that it has
been entirely framed in obedience to and in
conformity with the requirements of the
law. Among other formalities prerequisite
and essential to the creation of corpora
ton or body polite under the statute of
March IA, 1855, the law specifies and orders
| that the act of incorporation shall declare
and nominate "the officer on whom citation
may be served" and further, it orders that
attorney indOrsed thereon, ''shall be re-
corded in the office of the parish recorder or
other officer performing the duties of parish
recorder" The authentic act which incOr-
porates the Alsacienne Mutual and Benev-
Olent Association, disregarding the prescrip.
tions of the law ordering that lit shall
specify and declare the officer on whom
any process of law may be served" neither
nominates, nor does it mention the officer or
manager Of; said corporation on whom cita-
tiOns or other legal proceeding shall be
served, and through whom It may be
brought coran j4dice.
From the certificate of the recorder of
mortgages Of the parish of Orleans it ap-
pears that there is no charter, no act of any
association entitled "Alsacienne and Lor-
rainne Mutual and Benevolent Association" !"
recorded in his Office from the year 1860 to
the year 1872, nor has it been shown that
any act or charter of such an association
has ever been recorded in that office. The
statute of March IA, 1855, providing for the
organization of private corporations, re-
Quires in the most imperative manner that
the act of incorporation. with the opinion
of the district attorney, be recorded in the
office of the parish recorder or in that of
the recorder of mortgages. The life Of
private corporation springs above all from
its obedience to that rigid formality of the
law, and it is only "when the act Of incor
poration shall have been so recorded" and
then only, that the said act shall constitute
the subscribers to the same and their assO-
ciates and successors body polite and
corporate for the purposes and objects
therein declared and contained.
The act incorporating the Alsacienne
Mutual and Benevolent Association" al
though approved by the district attorney