Legal Opinion

Fields v. Gagné

Supreme Court of Louisiana

Decided March 15, 1881No. 8139PublishedCited by 12 opinions

APPEAL from the Nineteenth Judicial District Court, parish of Terrebonne. Goode, J. -An order of recusation works such an irreparable injury as entitles a party to appeal. 5 M. O. S., p. 293 ; 6 M. O. S., p. 130, ■ Where the record shows that the judge is only professionally, and not personally interested, the matter should be tried by a lawyer of the district, and not by the judge of an ad* .joining district. Sec. 3, Act Ko. 8,1880.

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

The District Judge having recused himself in this case, *340on his own motion, on the ground o£ personal interest, defendants have-taken a suspensive appeal from the order Qf recusation, from a decree-overruling their motion to vacate said order, and from a decree overruling their motion to refer the trial of the cause to an attorney of that Bar, instead of the judge of an adjoining district as directed in the order of recusation.

The right to appeal from such interlocutory decrees presents itself, at the threshold of the case, and must be denied.

In…

2Cited by12 opinions

  1. Bossier's Heirs v. Hollingsworth & JacksonSupreme Court of Louisiana · 1906
  2. Feitel v. FeitelSupreme Court of Louisiana · 1929
  3. Matte v. Continental Casualty CompanyLouisiana Court of Appeal · 1966
  4. Carmody v. LandSupreme Court of Louisiana · 1945
  5. Communication C. Net., Inc. v. Burger Chef of La., Inc.Louisiana Court of Appeal · 1974

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API