Kenney v. Phillipy

— It is insisted by the appellants that the judgment should be reversed for the reason that the special judge, appointed to try this cause, had no .authority to act as such. No objection was made in the court below, and appellants can not here successfully complain- unless the record affirmatively shows that the appointment was without authority of law. This it does not do. There are cases in which a judge pro tempore may be appointed by a judge of the superior court, and as the record discloses nothing to the contrary we must presume this to be such a case. Presumptions are always indulged…