Hyllis v. State
Supreme Court of Arkansas
APPEAL from Craighead. Circuit Court. Hon. J. C. Riddick, Special Judge. The proceedings and judgment had after March 28th, were coram nonjudice and void. Art. 7, Sec. 21, Const. 187 ‡. This court takes judicial knowledge of the judges of courts of record, their terms of office, qualification, etc. 1 Gr. Ev., Sec. 6, p. p; 23 Ark., 337; lb. 316. Consent, either express or implied, could not give judicial power. 3p Ark., 2‡‡; 4.2 Id., 126.
1Opinion of the CourtSmith, J.
A vacancy existing in the office of circuit judge, the attorneys in attendance on the Craighead circuit court, at the spring term, 1884, proceeded on the second day of the term, being the 18th of March, to elect a special judge. The choice fell upon the Honorable J. E. Riddick, who held the term until the 28th of March, when the Honorable W. H. Cate, to whom a commission as the regular circuit judge had been previously issued, appeared in open court, was duly qualified and assumed the bench. On the 29th of March, the special judge, without any new election held, tried this cause, probably for…
2Cited by11 opinions
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- State v. StevensonWest Virginia Supreme Court · 1908
- Daley v. BoroughsSupreme Court of Arkansas · 1992
- State ex rel. Attorney General v. StevensonSupreme Court of Arkansas · 1909
- Fernwood Mining Co. v. PlunaSupreme Court of Arkansas · 1918
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