
    (66 South. 163)
    No. 20655.
    LANDRY et al. v. POIRRIER et al. In re WHITNEY-CENTRAL TRUST & SAVINGS BANK et al.
    (June 29, 1914.)
    
      (Syllabus by the Oourt.)
    
    Appeal and Error (§ 361*) — Writ op Error — Verification op Application — Dismissal.
    Where an application for a writ of review, under article 101 of the Constitution, is not verified by affidavit, as required by act 191 of 1898, | 2, the order for the writ will be rescinded, on motion, as having been improvidently made, and the proceeding dismissed, at the cost of the applicant.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1941-1959; Dec. Dig. § 361.*]
    Certiorari to Court of Appeal, Parish of Orleans.
    Action by Edgar Landry and others against Michael Poirrier and others. A judgment for defendants was reversed by the Court of Appeal, and the defendant Whitney-Central Trust & Savings Bank applies for certiorari or writ of review.
    Order for writ of review recalled, and proceeding dismissed.
    Foster, Milling, Brian & Saal, of New Orleans, for applicants. Guión, Lambremont & Hebert, of New Orleans, for respondents.
   MONROE, C. J.

The usual order having been made for the review of the judgment rendered in the above-entitled suit, and the record having been forwarded to this court, the plaintiffs now appear and move that the order be recalled and this proceeding dismissed for the reason that the application was not verified by affidavit, as required by law, and that the order was therefore improvidently granted. The fact being as stated, the motion must be sustained. Constitution, art. 101; Act 191 of 1898, § 2; Landry & Son v. Labarre et al., 125 La. 714, 51 South. 697; Coignet v. Nelson, 128 La. 420, 54 South. 925. The order heretofore made in this case is therefore recalled and rescinded, and this proceeding is dismissed, at the cost of the applicant.  