Barnes v. Eastern & Western Lumber Co.

Four members of this court, prompted by a belief that a judge should not only be fair but should also be free from all relationship to the case and its parties that might afford ground for distrusting his impartiality, announced after this appeal was filed that they deemed themselves disqualified and would not participate in the disposition of the appeal. The circumstances which induced their action were well-known to all of the parties. After those four justices had made their announcement, all parties joined in a petition requesting all seven justices to hear the case. The petition evinced…