Legal Opinion · Concurrence

Kirton v. Biggers

Court of Appeals of Georgia

Decided July 1, 1975No. 50555Published

1ConcurrenceEvans, Judge

One of the enumerations of error on the part of appellant is that the commissioners had prejudged the case; in other words, were not fair and impartial. This may be a hiatus in the law, but there is no requirement that they be fair and impartial.

Federal judges may be moved against if they are not *420fair and impartial. See 28 USCA, § 144 involved in Berger v. United States, 255 U. S. 22 (41 SC 230, 65 LE 481); United States v. Thompson, 483 F2d 527; and as to 28 USCA, § 455, see Laird v. Tatum (408 U. S. 1), Motion to Recuse Supreme Court Justice, 409 U. S. 824 (93 SC 7, 34 LE2d 50).

State court…

2Cases cited12 opinions

  1. Laird v. TatumSupreme Court of the United States · 1972
  2. Berger v. United StatesSupreme Court of the United States · 1921
  3. Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972
  4. Elder v. CampSupreme Court of Georgia · 1942
  5. Smith v. StateCourt of Appeals of Georgia · 1947

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