State ex rel. Le Blanc v. Twenty-First Judicial District Democratic Committee

Citations

• 122 La. 83
• 47 So. 405
• 1908 La. LEXIS 410

Syllabus

<p>1. Prohibition — Existence and Adequacy oe OtheR Remedies.</p> <p>This court will not issue a writ to a court of inferior jurisdiction, prohibiting it from proceeding in a cause, for alleged want of jurisdiction, until a plea to the jurisdiction has been presented to, and overruled by, such court, and then only when there is no adequate remedy by appeal.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 40, Prohibition, §§ 5, 54.]</p> <p>2. Judges — Special or Substitute Judges— Appointment.</p> <p>The law (Act No. 185, p. 430, of 1898) providing for the appointment of judges ad hoc in recused cases, contemplates the naming of some one who (being competent) is either willing, or is obliged by law, to act, and where a person is named who is neither willing nor obliged, and who declines, to accept, the order of appointment does not take effect, and the judge making it is not devested of jurisdiction for the purposes of such appointment.</p> <p>3. Same — Order of Recusation — Making in Open Court — Necessity.</p> <p>Where there is no contest, resulting in a trial and judgment of recusation, the order of recusation need not be made in open court. It is sufficient that it be entered upon the minutes.</p> <p>4. Prohibition — Judgment or Order — Final —When Becomes.</p> <p>The rule laid down in Code Prac. art. 851, applies.</p> <p>5. Same.</p> <p>The court “shall pronounce summarily and finally” on the right of jurisdiction.</p> <p>6. Same.</p> <p>The decision in State ex rel. Gausson v. Judge, 21 La. Ann. 50, has never been overruled in a case for prohibition presenting the issues presented in this case.</p> <p>(Syllabus by the Court.)</p>