Wagers v. Sizemore

Opinion op the Court by

Judge Logan

Reversing.

Everett Sizemore was a justice of the peace in Clay county, and as such he issued a warrant of arrest for Frank Wagers, in which warrant Wagers was charged with obstructing a public highway. The warrant was. placed in the hands of a deputy sheriff, who arrested Wagers and carried him before Sizemore, justice of the peace aforesaid. Wagers appeared before Sizemore, and filed his affidavit, in which he stated that he could not get a fair and impartial trial before Sizemore, justice of the peace, and he gave the reasons why, in his opinion, he could…