Schwing v. Dunlap

Citations

• 123 La. 485
• 49 So. 134
• 1909 La. LEXIS 731

Syllabus

<p>1. Judges (§ 56*) — Recusation—Powers oe Recused Judge.</p> <p>The jurisdiction of the two judges of the Twenty-First judicial district court, as conferred by the Constitution, is equal and concur- I rent, and ordinarily either may hear and determine any cause brought before that court. When, however, one of the judges brings suit on his own personal account, he has no other official function to discharge with reference to it than to recuse himself, having done which his jurisdiction (conceding, arguendo, that he was possessed of any originally)' is exhausted, and he can make no order affecting the jurisdiction of the other judge, which is exclusive. Hence an order of the recused judge, referring the case to the other, is an unauthorized work of supererogation, and a subsequent order, overruling an objection to the former order and to the jurisdiction of the other judge, is void, as coram non judice, and the entry of judgment by default in the case (the other judge presiding) is premature and unauthorized.</p> <p>[Ed. Note. — For other cases, see Judges, Cent. Dig. § 235; Dec. Dig. § 56.*]</p> <p>2. Courts (§ 79*) — District Courts — Rules —Abrogation.</p> <p>The present Constitution declares that the courts provided for by it shall be considered the same courts as those bearing the same names created by the Constitution of 1879; hence the district court in and for a particular parish provided for by the present Constitution is but the continuation of the district court in and for such parish as created by Constitution of 1879, and the rules adopted for the regulation of the business of the court created by the Constitution of 1879 continue in force as the rules regulating the business of the courts provided for by the present Constitution (notwithstanding that the judge or judges holding under the present Constitution may not formally have accepted or agreed on them) until.they are rescinded or abrogated.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Di