59 So. 773 | La. | 1912
Statement of the Case.
The relators Middleton and Berthelot allege that they are defendants in the suits brought by the other parties named in the caption hereof for the purpose of coercing certain action by the defendant Berthelot in his capacity as chairman of the Democratic executive committee of the Twenty-Eighth judicial district; that the issues presented in the different suits are the same, and that the amount involved in each suit exceeds $2,000; that the Honorable Prentice E. Edrington, judge of the Twenty-Eighth judicial district court, recused himself on account of interest and appointed the Honorable E. K. Skinner, judge of the civil district court for the parish of Orleans, to act in his stead; that Judge Skinner ordered citation to issue, returnable agreeably to the provisions of Act 198 of 1912; and that they excepted to the action so taken on the grounds:
(1) That when said order of recusation and reference was made the Twenty-Eighth judicial district court was in vacation, and the judge was without authority to “sit as a court, or to convene or hold said court, or to make and issue orders and decrees as a court.”
(2) That the appointment of Judge Skinner was illegal, for the reason that he is one of the five judges of the one civil district court for the parish of Orleans, which' parish does not constitute a judicial district, and is not an adjoining parish, within the meaning of the law, and which court is not a court of “coequal” jurisdiction with the district courts of the state.
Relators further allege that, their exceptions were overruled, and they pray that writs of certiorari and prohibition issue, and that said ruling be reversed and further proceedings thereunder prohibited.
Counsel for the plaintiffs in the cases mentioned have filed a brief on their behalf, opposing the application of the relators, and making a statement of facts, from their point of view, substantially as follows, to wit:
That on September 3, 1912, a primary election was held in the Twenty-Eighth judicial district, for the nomination of Democratic
Opinion.
That during the vacation Judge Edrington opened court and caused the order of recusation and appointment to be entered on the minutes, and that Judge Skinner, the appointee named in the order (being one of the judges of the civil district court for the parish of Orleans), overruled relators’ exception, are about the only allegations of fact which relators’ petition discloses, and they are not denied. On the other hand, the allegations
The remedy thus provided appears to be adequate for all the purposes of this case, unless defeated by the voluntary action of the parties interested in seeking a remedy for which no such provision is made, and which, if allowed, would result in complication and delay. The application of relators is therefore denied.