Cain v. Franklin

PHILLIPS, Chief Justice.

Appellants and Appellee’s clients were adversaries in a prior lawsuit when it was learned that the trial judge’s wife was related by blood to one of the parties thereto. Whereupon, Appellants have alleged in this cause, the parties agreed to allow the judge to complete the trial and all parties thereto would abide by his decision and not object to his disqualification. After judgment, which was adverse to Appellee’s clients, Appellee filed a motion for a new trial citing the judge’s disqualification to sit as a ground therefor, and a new trial was granted on this point…