State ex rel. Cain v. King

The opinion of the Court was delivered by

McEnery, J.

Relators, plaintiffs in the district court, filed a suit against Dennis McCarthy and L. W. Read, in which they alleged that they had been duly commissioned as harbor-masters for the port of New Orleans; and when in the exercise of the duties of said office and enjoying the emoluments of the same, the defendants asserted claim to-*842said office and that they were without right or authority to assume the duties or to discharge the functions of said office. That ponding an inquiry into petitioners’ title to said office they'were entitled to a writ…