State ex rel. Ribbeck v. Foster

Citations

• 112 La. 533
• 36 So. 554
• 1904 La. LEXIS 430

Syllabus

<p>JUDGES — RECUSATION — RELATION TO PARTY — DETERMINATION AS TO DISQUALIFICATION-POWER OF JUDGE AD HOC.</p> <p>1. A motion to recuse the presiding judge of the district court for affinity is properly referred by him to a member of the bar appointed judge ad hoc, but a motion to recuse the judge ad hoc so appointed should be decided by him, his action in the premises being subject to review by the court having jurisdiction of the case on appeal, or by this court, exercising its supervisory jurisdiction, as the case may be.</p> <p>2. The husbands of two sisters are “brothers-in-law” within the meaning of the law providing for the recusation of judges.</p> <p>3. For the purposes of the question of recusation it is immaterial whether a litigant, who is the brother-in-law of the judge, is suing in his own right or in a representative capacity.</p> <p>Breaux, C. J., dissenting.</p> <p>(Syllabus by the Court.)</p>