The New Orleans daily Democrat., 1878-08-08
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MOTION TO CANCEL A BOND

MOTION TO CANCEL A BOND.
Mr.. Charles j Rice, of counsel for Geo. B.
johnson, late Auditor of Public Accounts,
filed the following motion, which was entered
and continued to The third Of September:
On motion of Charles j. Rice, OF counsel for
George B. Johnson, and on suggesting to the
court that pursuant to due application made,
proclamation made by the Governor OF Louis
lana was duly advertised for thirty c0nsecu-
tive days. during the months Of June and
july 1877, notifying all persons concerned or
interested to show cause in writing at the
Office of the Secretary OF State, at the city OF
New Orleans, within ninety days from and
after the last publication of said notice, while
the bond given by the mover as principal on
the sixteenth day of December, 1875, in the
sum of $4,000, with Walter r. Fish, Honore
Pothier, Joseph Alphonse Walker, John A..
Watkins and PATRICK Keenan, las. as secu-
formance of the duties of this mover
as Auditor of Public Accounts of
the State Of Louisiana, should not be
Cancelled and annulled and the sureties
liability, and on suggesting that on the
ninth day of June, 1877, an opposition to such
cancellation was filed by Allen Jumel, Audi
tor, and on the same another opposition on
behalf Of a committee of the State Legisia-
ture, "on the affairs OF the Auditors office" !"
and on the twenty-sixth of June, 1877, by the
University of Louisiana, and on suggesting
also that considerably more than one year
has elapsed, and that no action or proceed
ings in any court Of justice have been had
said oppositions as required by law. 1t is
ordered by the court that the State of Louis
lana, through the Attorney General; Allen
Jumei, Auditor of the State OF Louisiana, and
the University, of Louisiana, through Hon.
Randall Hunt, its president, show cause on
Tuesday, the sixth day Of August, 1878, at II
o'clock a. M, why the said bond of mover, SO
far as said parties are concerned, should not
be Cancelled and annulled.
SUITS FILED.
State ex rel Columbia Fire Co. No. 5 VS..
E. Pilsbury, Mayor, and J. G. Brown AdmiS-
Malloy, president Of the company, ,prays
for writ Of mandamus to compel the Mayor
and Administrators to perform their plain
ministerial duty, in signing the act OF sale OF
the property bought from Mrs. Josephine
suitable buildings for the fire company.
The act of sale is already drawn, but the
Mayor refuses to sign it. Relator represents
that on April 2, 1878, by ordinance, the city
appropriated $4,000 from any unexpended bal
ance of the budget of the Department Of
Waterworks and Public Buildings for the
said purpose.
Refator alleges that Administrator Brown,
in violation OF law, has issued orders for the
payment OF various sums from the unex-
pended balances In the budget Of the Depart
ment Of Waterworks and Public Buildings,
for purposes similar to that specified in the
ordinance heretofore referred to, and has thus
permitted and caused and allowed the pay
ment of ordinances Of later date, and out Of
their order, while refusing to pay and to issue
ance aforesaid; that unless enjoined, said
Brown will continue to pay ordinances of a
late date for similar purposes, and a writ OF
Injunction is necessary to restrain said Brown
from issuing orders for the payment OF any
s,,Tn aDDrODriated from the same budget
under ordinances Of date later than that here
tofore referred to.
ReIator further alleges that a writ Of man
damus lis necessary to compel the said Mayor
and Administrator to perform their plain min
isterlaI duty In signing said act Of sale and