Act No. 109
AN ACT
Establishing a Recorder's Court in the Seventh Municipal District of the City of New Orleans; to provide for its jurisdiction, the number of its officers; their compensation; and its general maintenance.
Act No. 112
AN ACT
To amend and re-enact Section 60 of Act No. 45 of 1896 as amended and re-enacted by Act No. S4 of 1898.
No. 13,435.
STATE EX REL. TISDALE AND T'AVEZAC VS. MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF NEW ORLEANS.
SYLLABUS.
1. The right of appointment of clerks by the recorders of New Orleans in August. 1899, has to be tested by neither Act No. 154, nor 174 of 1894. Those acts were superceded by later acts.
2. Where two parties join in a petition for a mandamus to the Finance Committee of the City Council to certify to the City Comptroller their claims for salaries as clerks In the recorder's court, and to the Comptroller to Issue warrants for the same to the City Treasurer, the application must be refused when, assuming that the writ should properly issue as to one of the relators, the evidence does not disclose which of the two relators is the one entitled to it.
3. The clause in the schedule of the charter of New Orleans, of 1896, continuing in office the various municipal officers and councilmen elected at the general election in April, I896, until the expiration of the term for which they were elected, and their successors were duly qualified, does not refer to the clerks in the recorder's courts; they were not elected in April, 1896, but were appointed by the recorders, subject to removal at any time by them.
No. 13,614.
STATE ex rel. ALICE CHAPPUIS VS. HON. ANDREW P. MARMOUGET, RECORDER ET AL.
SYLLABUS.
An application to one of the Judges of the Supreme Court for writ of certiorari and prohibition directed to a recorder of the city of New Orleans, will be dismissed, but without prejudice when the recorder, in answer to a rule to show cause why the writs should not Issue, announces his Intention to discontinue certain proceedings which were made the basis of the application and charged to be violative of relator's rights under a suspensive appeal then pending in the Supreme Court.
ON APPLICATION for Writs of Prohibition and Certiorari.
