Cargar v. Fee

Elliott, C. J. —

The judge of the Wells Circuit Court entered of record the appointment of James P. Hale, Esq., as judge pro tempore, and Mr. Hale accepted the appoint*537ment and qualified. The appellant, by affidavit, objected to the competency of Mr. Hale, whereupon he appointed Edwin C. Vaughan judge pro tempore, and Mr. Vaughan duly •qualified. As soon as Mr. Vaughan had qualified, the appellant objected to his trying the cause, and in support of his objection asserted that the appointment was unauthorized, and that Mr. Vaughan was incompetent because he held the office of prosecuting…