Cooper v. Cooper
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Action by Joseph Cooper against J. B. Cooper and others for damage for conspiracy and so forth. Judgment for defendants, and plaintiff appeals. The plaintiff representing himself called in writing npon the trial judge to recuse himself from the trial of this cause, setting down some half dozen grounds therefor.
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Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Action by Joseph Cooper against J. B. Cooper and others for damage for conspiracy and so forth. Judgment for defendants, and plaintiff appeals. The plaintiff representing himself called in writing npon the trial judge to recuse himself from the trial of this cause, setting down some half dozen grounds therefor. The substance of the petition is: (1) That the judge has previously made many rulings and rendered many judgments in related cases, which will be brought into this case and affect his impartiality; (2) that by some of…
1Opinion of the CourtSomerville, J.
[1] No facts are set out in plaintiff’s petition for recusation of the trial judge which are sufficient to disqualify him, either iu law or in morals, for conducting the trial of the case; nor was any proof offered to show any bias or prejudice against plaintiff. It was therefore the bounden duty of the judge to sit in the case, and the petition was properly overruled. Ex parte State Bar Ass’n, 92 Ala. 113, 117, 8 South. 768.
[2, 3] The complaint, which was framed by plaintiff himself,-while it claims heavy damages for various acts charged against defend ants, can hardly be interpreted as…
2Cases cited3 opinions
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Wefel v. StillmanSupreme Court of Alabama · 1907
3Cited by3 opinions
- Cooper v. CooperSupreme Court of Alabama · 1927
- McGough v. McGoughCourt of Civil Appeals of Alabama · 1970
- Herring v. PrestwoodSupreme Court of Alabama · 1979