State Ex Rel. Dunlap v. Higbee

Original proceeding in prohibition. Cause submitted on the pleadings. Relators challenge the authority of Hon. Paul D. Higbee, Judge of the First Judicial Circuit, to preside at the trial of Fleming v. Dunlap et al., in the Circuit Court of Mercer County in the Third Judicial Circuit.

Hon. A.G. Knight, Judge of the Circuit Court of Mercer County, had been of counsel or otherwise disqualified in a number of cases pending in that court at the April term, 1929. At said term and on July 1, 1929, he made an order disqualifying himself in Mudgett v. Alley, Administrator, and called Judge Higbee to…