State Ex Rel. Jugler v. Grover

The defendant filed an application for rehearing in this case on the ground that on the date the decision was handed down Mr. Justice Pratt who participated in the determination of the cause, was not qualified to .do so. Petitioner points out that Justice Pratt’s concurrence resulted in the majority opinion which was adverse to the position of petitioner, two of the five justices having dissented.

The basis for the claim that Justice Pratt was disqualified is that prior to rendition of the decision, he was called to active duty as a major in the United States Army; that he had taken the oath…