Notley v. Brown

DISSENTING OPINION OF

FREAR, C.J.

The question is whether a member of this court is disqualified to take part in the decision of a case in which he was actively engaged as counsel before his appointment to the bench. It has been decided in Love v. Love, ante, 194, that'a member is not disqualified from the mere fact that he was of counsel of record in the case as a member of a partnership that had been retained, but in which he had taken no part and given no advice.

It is commonly stated, and no doubt correctly, that having been of counsel was not an absolute disqualification at common law,…