Duff v. Hagins

Opinion of the Court bt

Judge Lassing —

Affirming.

This is a petition for a new trial,' brought under Section 518 of the Code. The ground upon which it is sought is that the special judge who sat in the case in the lower court was without authority to • render the judgment. The lower court, upon consideration, sus*247tained a demurrer to the petition and dismissed same, and the plaintiff has prosecuted an appeal from that judgment.

The suit which was tried by the special judge was in equity, and it appears from the record in that case, which was recently before ns, that the regular judge of the…