International & G. N. Ry. Co. v. Anderson County
Court of Appeals of Texas
Appeal from' District Court, Cherokee County; A. E. Davis, Judge. Action by Anderson County and others against the International & Great Northern Railway Company. From a judgment for plaintiffs, defendant appeals.
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Appeal from' District Court, Cherokee County; A. E. Davis, Judge. Action by Anderson County and others against the International & Great Northern Railway Company. From a judgment for plaintiffs, defendant appeals. The appellees, the county of Anderson, the city of Palestine, and certain citizens suing for themselves and in behalf of all other like intirested and situated members of the public in the city of Palestine, brought this suit in the district court of Anderson county, Tex., against the appellant company. Properly construing the appellees’ petition in the light of the facts therein…
1Opinion
The pertinent provision of the Constitution reads:
"No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case." Article 5, § 11.
The disqualifying relationship is fixed by law to the third degree. Article 1584, R.S. The constitutional provision very clearly expresses that such relative must be one of the parties to the cause to render the judge incompetent. And the rule laid down as a test of when a…
2Cases cited9 opinions
- Hovey v. ShepherdTexas Supreme Court · 1912
- Simpson v. BrothertonTexas Supreme Court · 1884
- Winston v. MastersonTexas Supreme Court · 1894
- Schultze v. McLearyTexas Supreme Court · 1889
- Houston Cemetery Co. v. DrewCourt of Appeals of Texas · 1896
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