holding that members of school boards are appointed or elected because of their knowledge and expertise in the administration of school systems
How later courts described this case
- holding that members of school boards are appointed or elected because of their knowledge and expertise in the administration of school systems
- a motion to recuse a supreme court justice on rehearing was untimely where the party and her counsel participated in the original hearing with knowledge of facts on which the motion to recuse was based
- "[I]t was the defendant's duty to file a motion to recuse immediately after the facts were known to him, and the failure to file the motion in time was a waiver of his rights."
Written by the judges who cited it.
The opinion
O’NIELL, Chief Justice
(dissenting on rehearing).
The argument on the rehearing of this case has not changed my opinion that the judgment of the district court should be affirmed. The only questions presented were questions of fact, as to which the judge of the district court gave a thorough analysis of the testimony. The opinion rendered originally by this court, affirming the judgment appealed from, also contained- a thorough analysis of the testimony, and revealed no error in the findings of fact by the trial judge.
This case is distinguished from the case of Thoman v. State Board of Certified Public Accountants, 172 La. 261 , 134 So. 85 , and State ex rel. Kohler’s Snowite Laundry & Cleaners v. State Board of Commerce & Industry, 205 La. 622 , 17 So. 2d 899 , and State ex rel. Bourgeois v. Board of Supervisors of L. S. U., 205 La. 177 , 17 So.2d 25 , by the fact that the present case is governed by Act 58 of 1936, known as the Teachers’ Tenure Statute, which — as quoted in the prevailing opinion on rehearing in this case — provides “that it is not the intent of this act to impair the right of appeal to the court of appropriate jurisdiction.” The ruling in the unreported case No. 37,394, entitled Cook et al. v. Caddo Parish School Board, refusing to mandamus the judge of the district court to grant a temporary injunction to prevent the enforcement of a resolution of the school board forbidding Greek Letter Fraternities and Sororities in the public schools, is not appropriate to this case.