New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-05-09
Ceurt Items.

Nathan has sued the city and School
Board Of New Orleans and obtained an
injunction against the issuance of April
school certificates till those Of February
and March, he being the holder Of
SlO,000 worth, are paid,
Judge Billings has made the following
order:
Myra Clark Gaines vs.. city of New Or
leans.-It is ordered and decreed that the
rule be made absolute and the prayer of
the petitioner granted, and that Samuel
M. Todd and Adolphe Schneider, trus-
tees, and the city OF New Orleans pay
over to Maria Hotchkiss, subrogee of
Rhoda E. White, or her attorney or at
toCneys, all sums of money that ]. Q. A.
Fellows or his transferee, J. H. Oglesby,
esther for himself or Louis Schneider,
would be entitled to receive from them
and the said city of New Orleans under
order of Mrs. Gaines or said trustees, of
the thirtieth of May, 1874, in the place
and stead of J. Q. A. Fellows or said J.
II. Oglesby, and the legal representatives
of said Louis Schneider, all or either of
them, the same being the residuum of said
Judgment heretofore to be paid to said j.
@ A. Fellows.
The indictment against E. E. Norton,
found March 10, 1876, for demanding an
unlawful fee in bankruptcy, was quashed
on the plea fled April 10, 1876, that some
of the grand jurors who found the indict-
ment had been engaged in insurrection
against the United States.
The following sentences have been de-
creed in the Superior Criminal Court:
Edward McVey, robbery, +. ten years;
Paul Taylor, same crime, three years;
Charles johnson and Sam Mitchell, carry
ing concealed weapons, S25.
All cases are continued for lack of a
jury.
The Third District Court has issued the
following order:
The rule adopted by this court in 1869,
extending the time for filing appeal from
the Justices court, is abrogated from this
date, and the time hereafter will be gov
erned by the provisions of law requiring
such appeals to be filed within ten days
from the date of the fling of the bond in
the lower court.
The following is the opinion in the case
of Jumel VS.. johnson on the petition of
transfer to the United States court:
The Stateof Louisiana ex rel. the Attor-
ney General and Allen Jumel, State Au-
ditor, files petition alleging that Allen
Jumel is State Auditor; that his predeces-
sor, George B. johnson, has possession of
certain books, papers, ETC., belonging to
the office of Auditor, and praying that a
mandamus issue commanding the said
johnson to deliver to relator Jumel the
said books, ETC., or show cause to tue con-
trary April 80, 1877 On the morning of the
trial the defendant presents petition fos
the transfer of the proceedings to the
United States Circuit Court. The applica-
ton for transfer alleges that Johnson,
who had formerly held the Office by ap-
| pointment was elected last November
Auditor for the four ensuing years; that
| he is entitled to SO hold the Office, but
| that Francis T. Nichols, Governor Of
Louisiana, and Allen Jumel have dis
possessed him of the said Office, and
continue to deprive, him of it; that
persons of color who desired tC
vote tor him were deprived of that
right on account Of their race and color.
The right to an office can not be in
| quired into or tested under existing laws
on an application for a writ of mandpmus.
| 2l An, D. 1886. If the relator Jumel is
not in possession of the Office, he can not
| obtain it through these proceedings, what.
ever his rights. The defendant if de.
| prived of possession, even illegally, can
not be reinstated through these proceed.
| ings, or by the aid of any unconventional
demand or counter claim herein. The
right of defendant to the office of State
| Auditor can be tested under the act oi
| fifteenth October, 1868, ''an act providing
| a remedy against usurpations, intrusion
into or the unlawful holding or exer.
cising a public Office or franchise in
this State" The writ of mandamus is Q
summary proceeding. Article 833, Code
OF Practice: at may be directed to q
simple individual, as to the heirs or othel
legal representatives of a deceased Off
Ger, or to such officer himself if he be
alive or has resigned or been removed,
10 compel him to deliver to the successor
of such officer the papers and other ef
fects belonging to his Office"
Article 831. "This order may be issued
at the discretion OF the Judge, even wher
the party has other means of relief, If the
slowness of ordinary legal forms is likely
to produce such q delay that the public
| good and the administration of justice
will suffer from it. +"
Certainly ''the public good and the ad.
ministration of justice" would suffer if al
officer in possession of a public Office o
the State, and exercising all the functions
of it, should be compelled, on taking ou
writ of mandamus, to recover from hil
predecessor a certain book or the key of {
safe, to litigate in the same proceeding thl
whole question of right to Office.
This proceeding does not and can no
involve the right to Office, and is not
therefore, subject to transfer.
Application refused.
In the Fifth District Court Jacob Straus
as the possessor of Sl4, ,0l9 20 OF cerhfi
Gates Of employees OF the school boart
now overdue, has obtained an injunction
against payment of subsequent claims TO
April till these are satisfied.
In the Sixth District Court William ]
Mccall, administrator of j. p. Mccall
has obtained a Judgment of $63O0.
Mr.. G. w. Cotton, one Of the most &C
complished stenogTaphefs Of the city, ha
been retained in this court