Dupoyster v. Clarke
Court of Appeals of Kentucky
Case 87. — ACTION BY J. C. DUPOYSTER AGAINST PORT JEFFERSON IMPROVEMENT 'CO. MOTION FOR A WRIT OF PROHIBITION PROHIBITING W. I. CLARKE AS SPECIAL JUDGE FROM MAKING A CONTEMPT RULE AGAINST THE PLAINTIFF. Motion made and heard in Appellate Conrt.
1Opinion of the Court
Opinion by
Chief Justice Hobson
Sustaining motion.
Article 7, chapter. 28, of the General Statutes, provided that, if the regular circuit judge could not properly preside in an action, the parties might by agreement select an attorney to hold the conrt for the occasion, and on their failue to agree upon an attorney-one should he selected by the bar to hold the court for the occasion. By an amendment it was provided that, the judge so elected should preside in all cases called during the term in which the regular judge could not *695properly preside. Under these provisions it was held in Childers v.…
2Cases cited2 opinions
- Small v. ReevesCourt of Appeals of Kentucky · 1898
- Childers v. LittleCourt of Appeals of Kentucky · 1895
3Cited by11 opinions
- Ohio River Contract Co. v. GordonCourt of Appeals of Kentucky · 1916
- State v. SpidleSupreme Court of Missouri · 1967
- Western Oil Refining Co. v. WellsCourt of Appeals of Kentucky · 1918
- Auxier v. AuxierCourt of Appeals of Kentucky · 1918
- Warner v. Ford Lumber & Mfg. Co.Court of Appeals of Kentucky · 1906
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