Johnson v. Brown

On Motion for Rehearing.

The motion for rehearing filed by plaintiff in error has been considered.

Grounds 9 and 10 of this motion make the point that the special judge who tried this case could not make up a statement of facts, the regular judge of the trial court having resumed office; and that plaintiff in error ought not to be required to take his statement of facts from one no longer connected with court or cause.

The findings made in the order denying the prayer for a court reporter’s transcript show that this cause was tried before a special jucjge who had been elected by the practicing…