Edwards v. State Ex Rel. Lytton

DISSENTING OPINION

NYE, Justice.

I respectfully dissent.

This is a case of first impression. The specific question concerns the residence requirement of a special judge to try a case in the county probate court.

The facts are undisputed. The regular county judge was disqualified and apparently the interested parties did not agree on the appointment of a proper person to try the case. Whereupon, the Governor appointed Judge Edwards, whose qualifications are not denied, except that he is a non-resident of the county in which the case is to be tried. A quo warranto action was brought by the State of…