State ex rel. Claunch v. Castleberry
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Tried before the Hon. Thos. A. Walker. This was a proceeding in bastardy, commenced against Castleberry as the putative father of a bastard child, then likely to be born of Sarah Claunch.
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Error to the Circuit Court of St. Clair. Tried before the Hon. Thos. A. Walker. This was a proceeding in bastardy, commenced against Castleberry as the putative father of a bastard child, then likely to be born of Sarah Claunch. The usual oath was taken by the prosecutrix, and a warrant was issued by one R. J. Allen, a justice of the peace, and a bond was duly entered into by the defendant, with John Collins and J. H. Castleberry as securities, conditioned for the appearance of defendant at the December term, 1849, of the County Court of St. Clair County, to abide the order and decree of the…
1Opinion of the CourtChilton, C. J.
The law wisely withholds from every judge, all temptations to depart from the strict line of duty, from considerations of interest, by rendering him incompetent to *89sit in any cause in which he is interested. The maxim is £ JV*emo judex in causa propria,’ and it is alike founded in common sense, and a just desire to preserve from impurity the fountains of justice.
In Boyer v. Potts, 14 Serg. & Rawle 157, where the question came up, whether a justice of the peace, who had a demand to collect, had acted as agent for the party plaintiff, the court, per Gibson J. ,use the following language : “…
2Cases cited1 opinion
- Boyer v. PottsSupreme Court of Pennsylvania · 1826
3Cited by26 opinions
- Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- State Ex Rel. Miller v. AldridgeSupreme Court of Alabama · 1925
- Newcome v. LightTexas Supreme Court · 1882
- Salm v. StateSupreme Court of Alabama · 1889
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