The Caucasian., 1910-02-01
THE SUPREME COURT
The Decisions Rendered at the Sitting
Held in New Orleans Monday.

All handed down findings except Asso-
ciate Justice Provosty.
Practically all of the cases decided
were of local interest. In the case of
Calvin ]. Schwing against James E.
Dunlap and Rev. John J. Holtgreve of
Iberville, the court dismissed the appeal
from the judgment everything motion
for the recusation of Judge Sehwing.
The questions of reeusation are referred
to the merits.
Re-hearings were refused in these
cases
Sam Lee ct ais VS.. New Orleans and
Great Northern Railway Company.
Mrs. Laperle Pavy vs. Franklin Life
Insurance Company of Illinois. In re
Franklin Life Insurance Company of
Illinois applying for certiorari, or writ
of review, to the Court of Appeal, Par
ish of Acadia, State of Louisiana.
John D. Morgan VS.. O'Brannon &
Julien ct al.
BY Chief Justice Breaux:
Albert Gremillion ct al VS.. J. B. Abra-
nam Roy, Fereol Regard, watrantor.
Judgment amended and affirmed
State of Louisiana VS.. Willis John
son.
A letter dictated by the defendant and
which tends to prove a material element
of the crime charged is properly adrnis-
sible in evidence and testimony to iden-
tify it is also admissible
The letter bore on a material allega-
ton in the pleadings and did not tend
TO prove a collateral fact, but was prop
erly admissible to contradict the accused
in regard to material fact.
Judgment affirmed.
Calvin ]. Schwing VS.. James E. Dun
lap and John j. Holtgreve.-A judg-
ment overruling a motion for the recu-
sation Of Judge is merely an interloeu-
tory order, and it is not necessary that
the Judge should sign it. (Bossier VS..
Hollingsworth, III La. 2a7)
Being merely an interiocutory order,
a separate and independent appeal will
not lie, even though the motion has been
overruled, but the question of recusation
will be referred to the merits and will
be considered on the appeal on the
merits.
For reasons stated, the appeal is dis
missed at appellants cost. The proceed
ings for recusation are referred to be
brought up on the merits of the case.
Miss Mary Furtr1an VS.. r. A. Grounds
ct al. Judgment of the Court of Ap-
peal reversed and that of the District
Court reinstated.
By Associate Justice Nichols:
State of Louisiana VS.. ]. ]. Parker
and Bob Parker. We find no good
grounds for setting aside the verdict OF
the jury, and the judgment of the court
based thereon. The judgment appealed
from is hereby affirmed.
State of Louisiana ex rel J. G. Bou-
vier ct al, VS.. Louis A. Wallet ct al The
appeal in this case is dismissed for want
of jurisdiction ratione materiae. Appeal
dismissed
Thomas ]. Hickman VS.. James M
Fletcher Judgment amended and af-
hrmed
L. N. Folse ct al VS.. Police Jury and
Parish School Board of Iberville Cause
remanded to District Court.
Leroy Smith ct ais VS.. Krause-M -Maha.
gan Lumber Co. Judgment affirmed.
Louisiana Railway and Navigation
Co. VS.. VIM. ]. Knox. In an expropria.
ton proceeding, where only the question
Of value and damage is at issue, tht
verdict of the jury, approved by tht
trial Judge, will be approved, unless /
appears to this court to be unreason
able Judgment affirmed.
Geo. ]. Champagne VS.. P. A. Cham
pagne ct ais. Judgment affirmed.
Calvin K. Schwing VS.. j. E. Dunlal
and ]. J. IIoltgreye. In re J. T. Dunlal
and ]. ]. Holtgreve applying for writ
OF certiorari and mandamus. Application
/ denied.
/ BY Associate Justice Land
| The Belle Alliance Co. Ltd. vs. Texa
and Pacific Railway Co In re Texa
and Pacific Railway Co applying 70
Il eertiorari or writ of review, to Cour
Of Appeal, Parish of Assumption, Stat
| of Louisiana. Application granted.
i Jas. A. Kinder, trustee, and Edwar
| Schwartz ct al Judgment reversed, es
ception to jurisdiction overruled an
cause remanded for further proceeding
cost of appeal to be paid by defendar
/ Schwartz.
State of louisiana vs.. Jos. Jeamsse |
al. judgment affirmed
Alfred Theriot VS.. Pierre Daigle
ais. Judgment reversed case renande
with leave to plaintiff to make St. MAJ
: Bank and Trust Co. a party to sui
/ costs of appeal to be paid by plainti
| and appellee; other costs to abide fin
/ q