Smith v. Lindsay

OPINION OF THE COURT BY

PERRY, J.

The chief justice has called the attention of counsel to the fact that he is the brother-in-law of one and the father-in-law of two of the persons who are trustees'under the will of Bernice Pauahi Bishop, deceased, and as such are named as parties plaintiff in this case and has suggested the question of his possible disqualification, saying that he supposed that he was disqualified. The attorneys on both sides also take the view that the disqualification exists.

Section 84 of the Organic Act provides that “no person shall sit as a judge * * * in any case in…