Schwing v. Dunlap

Decided January 31, 1910

Supreme Court of Louisiana · decided 1910-01-31

<p>Appeal from Twenty-First Judicial District Court, Parish of Iberville; H. F. Brunot, Judge ad hoc.</p> <p>Action by Calvin K. Schwing against James E. Dunlap and John J. Holtgreve. Judgment for plaintiff, and defendants appeal.</p>

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1910-01-31

How this case has been cited

Cited by 13 later decisions — most recently September 2005

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1On Application for Rehearing.

¶2The utterances in another decision, to which applicant for a rehearing refers, are not pertinent. The Stewart Case, cited in the above opinion.

¶3The decisions of this court established a difference between the right of appeal when recusation was ordered and when recusation was not ordered.

¶4As before stated, in the last-cited case, recusation was not refused. It was not appealable, while in the present case it is different; recusation was refused.

¶5In view of prior decisions, the reasoning and utterances do not apply in the present case. The two issues were different.

¶6After having given the subject careful attention, the court unanimously concluded it advisable to put an end to interminable delays in matter of recusation.

¶7Rehearing refused.