Hubert v. Auvray
Supreme Court of Louisiana
APPEAL PROM THE PARISH COURT FOR THE PARISH AND CITY OP NEW-ORLEANS. The petitioner alleges that be was duly appointed by the mayor and city council of New-Orleans, syndic and commissary of police for the upper banlieu in said city, in May 1833, and in conformity to the ordinance of the 13th June 1813; that he gave bond for the faithful performance of his duties with John H. Holland his surety; and that he has faithfully performed the duties of his office ever since.
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APPEAL PROM THE PARISH COURT FOR THE PARISH AND CITY OP NEW-ORLEANS. The petitioner alleges that be was duly appointed by the mayor and city council of New-Orleans, syndic and commissary of police for the upper banlieu in said city, in May 1833, and in conformity to the ordinance of the 13th June 1813; that he gave bond for the faithful performance of his duties with John H. Holland his surety; and that he has faithfully performed the duties of his office ever since. He alleges further that the defendant claims and has usurped his right to said office without color of right or authority, and…
1Opinion of the Court
Martin, J., 7
delivered the opinion of the court. r
The defendant is appellant from a judgment forbidding him to exercise the functions of syndic and commissary of police in the upper liberty of the city of New-Orleans.
The dismissal of the appeal has been moved for on the ground of the matter in dispute being an office and not any thing susceptible of valuation so as to appear of the value of three hundred dollars which is the minimum of the matters of which this court has jurisdiction.
The record shows that a salary of about one thousand dollars a year is annexed to the office: this certainly…
2Cited by2 opinions
- State ex rel. St. Martin v. the Police Jury of the Parish of St. CharlesSupreme Court of Louisiana · 1877
- State v. Judge of the Second District Court of New OrleansSupreme Court of Louisiana · 1855