Culverhouse v. Marx
Supreme Court of Louisiana
APPEAL from the Third District Court, Parish of Union. Holstecul, Special Judge. 1. The special judge ordered a new trial, ex officio, of the exception which had been passed upon by his predecessor, a special judge, and tried the exception. Plaintiff retained bill. Courts have the legal right to order new trials, ex officio, and the exorcise of this right is in their discretion.
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APPEAL from the Third District Court, Parish of Union. Holstecul, Special Judge. 1. The special judge ordered a new trial, ex officio, of the exception which had been passed upon by his predecessor, a special judge, and tried the exception. Plaintiff retained bill. Courts have the legal right to order new trials, ex officio, and the exorcise of this right is in their discretion. C. P. 5-17; H. D. P. 987, Ko. 7; 10 Ann. 766. 2. Plaintiffs alleging want of authority in counsel, who acted for thorn before the court, must, before they can require proof of their authority, deny it on oath. 27 Ann.…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is a petitory action, to which the defendant and warrantor interposed in Imdne certain peremptory exceptions.
The judge of the court having recused himself, called Allen Barks-■dale, Esq., as judge ad hoc who, having duly qualified, heard the said exceptions at the November, 1885, term of the court, and rendered .judgment overruling them.
Thereafter the cause went to issue on the merits by answers filed by ■defendant and warrantor.
The case was continued at two succeeding terms and at the April term of 1886, Mr. Barksdale, being unable to…
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