Blagg v. Fry
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Danville District; T. D. Patton, Special Chancellor; Where the record discloses none of the disqualifications named in the law, there is no ground for the regular judge or chancellor to refuse to preside in the trial of a cause. He can not arbitrarily and without cause hold himself disqualified.
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Appeal from Yell Chancery Court, Danville District; T. D. Patton, Special Chancellor; Where the record discloses none of the disqualifications named in the law, there is no ground for the regular judge or chancellor to refuse to preside in the trial of a cause. He can not arbitrarily and without cause hold himself disqualified. Art, 7, § 20, Const.; Kirby’s Dig., § 1526; art. 7, § 21, Const.; 48 Ark. 227; 17 Ark. 580; 43 Ark. 35; 61 Ark. 88; 31 Fla. 594; 121 Cal. 102; 97 Cal. 101. Appellants were present when the chancellor announced his disqualification to sit in the trial of the case, and…
1Opinion of the Court
Hart, J..
Appellees instituted this suit in the chancery court against appellants. The record shows that, when the case was reached on the regular call of the calendar, the Hon. J. G. Wallace, the regular chancellor, announced his disqualification to sit in the cause. Whereupon the clerk of the court proceeded to hold an election for a special chancellor to hear said cause, which resulted in the election of the Hon. T. D. Patton, a member of the bar of the court, as such special chancellor. The regular chancellor then administered to him the oath required by law, and, upon the regular…
2Cases cited1 opinion
- Sweeptzer v. GainesSupreme Court of Arkansas · 1857
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