Legal Opinion

Long v. State

Court of Appeals of Georgia

Decided March 3, 1920No. 11099; 11100PublishedCited by 15 opinions

Accusations of possession of liquor; from Fannin superior court - - Judge Morris. November 1, 1919. Application for certiorari was denied by the Supreme Court.

1Opinion of the CourtBroyles, C. J.

1. Bias or prejudice on the part of a judge does not disqualify him, in the absence of a statutory provision on the subject. 17 Am. & Eng. Enc. Law, 738; 23 Cyc. 582; Elliott v. Hipp, 134 Ga. 848 (68 S. E. 736, 137 Am. St. R. 272, 20 Ann. Cas. 423).(a) The only statutory provisions in Georgia on the subject of the disqualification of a judge are in section 4642 of the Civil Code of 1910. Elliott v. Hipp, supra. In the instant case it follows that the court did not err in overruling the special plea which set up that the judge should disqualify himself, for the reason that he refused to allow…

2Cases cited8 opinions

  1. Elliott v. HippSupreme Court of Georgia · 1910
  2. Cobb v. StateSupreme Court of Georgia · 1900
  3. White v. StateCourt of Appeals of Georgia · 1909
  4. Aiken v. CarmichaelSupreme Court of Georgia · 1907
  5. Betenbo v. BrooksCourt of Appeals of Georgia · 1916

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1947
  2. York v. StateCourt of Appeals of Georgia · 1931
  3. Cross v. StateCourt of Appeals of Georgia · 1975
  4. Hendricks v. StateCourt of Appeals of Georgia · 1925
  5. Robinson v. StateCourt of Appeals of Georgia · 1952

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