Martin v. Mercantile Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. W. E. Barton, Special Judge. Respondent insists that after the adjournment of the November Term, 1905, of the Texas Circuit Court, the powers of W. E. Barton, who had been elected special judge to hold the remainder of the term, ceased, and that he was without authority to settle and sign the bill of exceptions, and such bill is therefore a nullity.
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Appeal from Texas Circuit Court. — Hon. W. E. Barton, Special Judge. Respondent insists that after the adjournment of the November Term, 1905, of the Texas Circuit Court, the powers of W. E. Barton, who had been elected special judge to hold the remainder of the term, ceased, and that he was without authority to settle and sign the bill of exceptions, and such bill is therefore a nullity. He was not elected judge of a particular case or cases but judge of that term, and upon its adjournment his power ceased, and Judge Woodside, the regular judge, became his successor, and he alone had the…
1Opinion of the CourtGoode, J.
This cause was tried at the November term, 1905, of the circuit court of Texas county. Hon. Leigh B. Woodside, the regular judge of the court, was unable to hold part of the term and failed to procure another judge to hold it; wherefore the attorneys of the court, on November 16, elected one of the members of the bar, W. E. Barton, to hold the remainder of the term. The present cause was tried November 28 and resulted in a verdict for plaintiff. Defendant appealed and was allowed one hundred and twenty days from said date to file a bill of exceptions. The court after-wards adjourned to court…
2Cases cited1 opinion
- Rawlins v. TimonsMissouri Court of Appeals · 1899
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