Le Louisianais. [volume] (Convent, La.) 1865-1883, 1876-12-16

snid Morris Marks, who was returned and
proclaimed rs elected t" the same, is now
proceeding to assume the functions ard pre-
rog,tives Of said office;
Now petitioner and REALTORS respectfully
show that ut the time Of said election the said
Morris Marks was ineligible to .nil office Of
District Judge, aud has not the necessary
qualifications to hold said office under aud ly
virtue Of article 81 of The Constitution Of the
State IT l.ou.siann. in this that said Morris
Marks has not lrlctised law rs an attorney ut
law in the State for two years previous to his
election rs aforesaid, aud that heinr thus
coustitnti"nally disqualified from holding said
office MS Judge of the 4th. Jud. Dist. OF this
State,
The said Marks in assuming the functions
of said Office commits an act of usurpntion
and intrusion in office, emitting Petitioner
and Helntors to the remedy of Injunction in
the premises.
Petitioner and Realtors refer to their an
neNed affidavit of the facts made grounds of
said injunction. which must issue without
bond, the State being plaintiff in said cnu>e.
Wherefore. The premises considered. Pet
ltioner and HeIator~ pray for II wit If lninnc-
ton restraining and prohibiting NJ. Marks
from assuming the funrtions aud prprogatives
OF Judge of tn" Fourth Judicial Distric, Of
Louisiana, and from usuiping aud from in
tr"'li"g into said office; they Furthermore" pray
tor Citation according to law nn said Morris
Marks, and of the Irg,l delays and due pro-
c~ee1ings for Judgment against HIM. decree
ing him ~ni1 Marx ineligible to and ai,uunl-
flied for the office OF J"i g of the 4th. Jnl.
Dist. of Louisiana, making the Injunction
herein prayed for perpetual aud condemni"S
said Marks to pay cost. of -uit.
(S'gnel1 Fred. Dntlrl. Dist. Atty pro
tenn Of Ascension, +. p. Iorhe and }. r. Win
chester of Counsel, L. y. Pngh. Henry T..
D"tieI per y. n. Pnsh, 4. N. Simms per L.
n. Pngh, H.. Prosper Landry.
I so'emn!y swear that all the allegations Of
the foregoing petition are true and correct to
the best Of my knowledge and belief aud
render an Injunction necessary.
Signed: FRED. DUFFEL,
Dist. Atty. pro tom paiish of Ascension.
Sworn to and subscribed before me Dec.
9th 1876.
Signed: JOHN y. CANrEY, Clerk.
ArFlnAvrr:-O. J. Flneg Leing duly sworn
says that all the facts aul allegations contain
ed III tn" above Petition are true and correct
Sianrl: O. j. FLAGG.
Sworn to and subscribed b.fu,e me Dec.
9th. 1876.
s'gnel: j. II, MARTIN, Dty. Clerk.
oIDEi OF l.ECt htrtnS, the un-
dersisued the Judge OF the Fourth Judicial
District Court of til" state of Louisiana is
personally interested IN 'hi. case. il is o.dcr-
ed that ii O. Mnl1er. Jadge Of the lusi>h
Court of A-ceusion parish, heauli is hereby cal
led MP" consormnhIy to article Ninety of the
Constitution of Louisiana to try said case,
aud he is hereby authorized and required to
issue all necessary orders in the premises.
Signed: Oh. FLAGG,
Judge Fourth Jni. Dist.
ORpEH:-Let an Iniuuc,ion iss.c Il. herein
prayed for.
Ascension parish. D"r. oh. 1876.
S'gued.: II. O. MAHER.
Parish Judge of Ascension parish.
! hereby certify the nl,ov" TO he q time copy
of til" original petition. ntiiiavitS aud orders
Oh fiji" in my office, certified copies Of which
We're handed torthe Coroner acting ex oilicio
Sheriff Of the parish of Ascension. on this the
1lth day "f December A. d. 1876, to be
served nn Morris Marks.
Clerks office, Parish of Ascension, Deem
Der llth. 1876.
j. G. DUGAS, Dpty. Clerk.