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Recusation

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

In Civil Law. A plea or exception by which the defendant requires that the judge having jurisdiction of the cause should abstain from deciding upon the ground of interest, or for a legal objection to his prejudice. A recusation is not a plea to the jurisdiction of the court, but simply to the person of the judge. It may, however, extend to all the judges, as when the party has a suit against the whole court Pothier, Procdd.

Civ. 1 &re part. ch. 2, s. 5.

It is a personal challenge of the judge for cause.

See State v. Lewis, 2 La. 390.

It may be done by the judge himself; Peyton v. Enos, 16 La. Ann. 135. The challenge of jurors. La. Code Pract art.

499, 500.

An act, of what nature soever 29.

2. 95. See, generally, Poydras v. Livingston, 5 Mart. O. S. (La.) 292.

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