New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-13
COURT RECORD.
MONDAY, MARCH p, 1877.
United states Circuit Court.

United states Circuit Court.
Present - Hon. w. b. Woods, circuit
5Udge.
In re Davis ard Jackson, bankrupts.-
The opposition of +. Alexander IL Sons is
5aIFs we'd, and the trustees directed to enter
qFtqtn creditors for $3.50, and pay them
CTS first aud second dividends, as other
creditors.
,Yqseph Davis, master o ship Aldorna. Va.
Eegveil Is Bsiley.-Verdict Tor Sll no 90
fax plaintiff.
Tue oath of j. K. G. Pithin, United
States marshal. taken before the Supreme
CaaCt of the United States, was entered on
She Jnlnu-es.
Hon. George S. Lacey, district attorney,
asppe&Ted in court, and bis commission was
spread on the minutes.
superior Civil Court.
State of Louisiana, On the information Of
GSsoTge b. johnson, State Auditor, We, Allen
y unel and sherifi.-Inj junction, etc, Issued
aeejnst defendant prohibiting him from in.
Erud!Dg inso or exercising the functions OF
tbs office of State Auditor.
scste of Louisiana, on the information of
Emue Honore, Secretary OF State, VS.. w. A.
Strong Injunction, etc against detendanF,
puohibitipg him from iutruding into or ex
S5Slsing the functions OF Secretary OF State
~ the Honorable the Judge Of the Superior Civil
Court for the Parish OF OIleani:
The petition of the Sta 9 of Louisiana,
kerein represented by Henry e. DIbble, as-
sistsut and acting Attorney General thereof,
rssBeotfnly represent:
That Edward a. Burke, resident OF
shis city and parish, has intCuded into the
lfies Of State tax collector for the First
Bistriet of the city of New Orleans, and
1flae he is now attempting to usurp and TO
lEnlzWiully exercise the functions OF slld
uaice.
Petitioner shows that said Burke has not
Haea appointed to said office By the Gov
sEzFor of the State, and that he has no legal
right to held the same or to exercise the
functions thereof,
Petitioner shows that Edward Fulton, a
resident of this parish, is the legal incum-
beut of said office and is entitled to hold
the same and to exercise the functions
GheEeof.
Plaintiff now hereby joins the said Ed
ward Fulton in these proceedings as In
6OTuant and relatOr,
Petitioner upon the relation of said Full
taa now AYERS that the said Edward A.
Burke is tempting to interfere with said
Eulton, as tax collector aforesaid, and that
a writ of Injunction ia necessary to prevent
5zeh Interference pending this suit.
Petitioner further AYERS upon the in
form alton of said Edward Fulton, that said
4. A. Burke has taken or is about to take
Gnre the Fifth District Court tOrthis parish,
ia Che nature of suit under the intrusion
IA Office act.
Petitioner shows that said court is not
vested with jurisdiction TO entertain or try
aRy suit or proceeding involving the right
Ia hold public office.
Petitioner shows that writ Of Injunction
should issue to restrain Thomas II. Handy,
olaaming TO act as sheriff Of said Fifth Dis
eEiot Court, from serving or executing, or
attempting to serve or execute any writ or
process from said court, in any suit or pro-
eseding instituted by or upon the relation
at Edward A. Burke, claiming t. be tax col
featOr as aforesaid, against said Edward
EHi5On, and against said E. A. Burke to pre-
vent him from interfering against said Full
Con
Wherefore, petitioner prsys chat Edward
a. Burke may be cited to appear and
answer the demands of this petition. After
all due and legal proceedings had, petit
ftaEer prsys that there may be Judgment
rendered in favor of petitioner, and against
r. 4. Burke, defendant, declaring that the
ssid defendant, E. "A. Burke, is intruding
5R6a and usurpiog and unlawfully attempt
ing TO hold and exercise the functions of
the office Of State tax collector Of the First
District of the city of New Orleans, and
shat he De Ousted therefrom.
Petitioner further prays that the decree
Ia be rendered may recognize Edward Full
ton of this city herein joined with the
State, as entitled to possess and hold and
exercise the functions of said office, and
that be may be maintained therein.
Considering that the State of Louisiana is
plaintiff herein, and dispensed with giving
bend or making affidavit, petitioner further
Psays that writ of injunction may issue
against E. A. Burke, defendant, iDioining
and Restraining him from interfering with
~ fav aR 81
District of the city of New Orleans, as such,
s2d injoining him from acting or assuming
e aet as tax collector aforesaid until the
further orders of this honorab BILE court.
Petitioner still further prays that writ
% injunction E1ay issue, directed to Thomas
Il Handy, claiming to act as sheriff Of the
honorable the Fifth District Court for the
parish Of Orleans, inioining and restraining
MA from serving or executing, or attempt
ing 20 serve or execute any writ or process
"a any suit or proceeding instituted in ssid
nsHrt by or upon the relation of the defend
ant, Edward A. Burke. against Edward
halton, claiming the Office of State tax col
ssctor Of the First District of the city of
New Orleans.
petitioner prays that said writa of ipiunc.
t19n may be made perpetual
Eeutoner prays for general relief and
HENRY c. DIBBLE,
assistant Attorney General, acting Attor-
ney General.
Qrder,-Let writs Of injunction issue as
pxSyed for, and according to law, and let
the same and all papers herein be served
~ Alfred Bourges, Esq at present acting
Is civil sheriff Of this court
New Orleans, March u, 1877.
ALFRED SHAW, Jadge.
Superior Criminal Court.
SENTENCED.
harglary--Pauline Crosse, five years in
steaitentiary.
MOTION.
Robbery Michael Brennan. Motion for
q rev trial overruled.
ACQUITTED.
Standardization Britton. indietad
Ansii 4 1874, for the killing Of HsnTv cole
mas on the levee, March IS, 1874.
CONVICTED.
Hurglary-Tom Brady and William Nc.
slEaWs charged with burglary at the rest
eialzee OF Mr.. Hugo Wunsehiq, corner Bayou
elaz2 and JohDson street, Ga the night Of
SanuaEy ~, 1877.
First District Court.
ACQUITTED.
A.azesny-H. DOHgherty, olse Nieholls.
CONVICTED.
Asaeceny-William George.
MfsrRrAL.
Asarcany-Louis ConreeIle.
NoLLE FRosEQUf
seanY-Sarah Andrews.
s ..:..,; and batttry-vAlexander Howard
sEETEEcED.