Washington Insurance v. Price
New York Court of Chancery
This cause being noticed for hearing, the chancellor informed the counsel of the parties that he was a stockholder in the Washington Insurance Company, and that according to the opinion which he then entertained, he could not hear the cause : but he expressed a desire that the question, whether he ought to act as judge in the cause or not, should be argued. The counsel declined to argue the question, and the chancellor this day gave his opinion.
1Opinion of the Court
The sole judge of this court, being a stockholder in the incorporated company which institutes this suit, can he proceed or act as judge in the cause ?
It is a maxim of every code, in every country, that no man should be judge in his own cause. The learned wisdom of enlightened nations and the unlettered ideas of ruder societies, are in full accordance upon this point 5 and wherever tribunals of justice have existed, all men have agreed that a judge shall never have the power to decide where he is himself », party.
*2The reasons which render this principle just and necessary, are obvious; and…
2Cited by10 opinions
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
- Tootle v. BerkleySupreme Court of Kansas · 1899
- MacMahon v. BaumhauerSupreme Court of Alabama · 1937
- Adams v. MinorCalifornia Supreme Court · 1898
- Holmes v. EasonTennessee Supreme Court · 1882
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