State ex rel. Sansone v. Wofford
Supreme Court of Missouri
Mandamus. (1) The signing and allowing of a bill of exceptions is a judicial act in the hearing and trying of a case, for the doing of which a judge is disqualified, when he shall have been of counsel in a cause, under section 4174, as well as under the common-law maxim: “No one should be judge in his own cause.” Consaul v. Lidell, 7 Mo. 250; Granor v. School Bist., 18 Mo. App. 397; Connelly v. Leslie, 28 Mo. ■ App. 551; Waterman v. Morgan, 16 N. E. Rep.
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Mandamus. (1) The signing and allowing of a bill of exceptions is a judicial act in the hearing and trying of a case, for the doing of which a judge is disqualified, when he shall have been of counsel in a cause, under section 4174, as well as under the common-law maxim: “No one should be judge in his own cause.” Consaul v. Lidell, 7 Mo. 250; Granor v. School Bist., 18 Mo. App. 397; Connelly v. Leslie, 28 Mo. ■ App. 551; Waterman v. Morgan, 16 N. E. Rep. (Ind.) 590; Smith v. Baugh, 32 Ind. 163; Fr evert v. Swift, 21 Pac. Rep. (Nev.) 273; Oakley v. Aspimvall, 3 N. Y. 574; Ereeman on Judgments,…
1Opinion of the CourtMacfarlane, J.
Belator, Tony Sansone, was indicted, tried and convicted of murder, in the criminal court of Jackson county, before Judge White, who was the judge of said court. A motion for a new trial was filed and overruled, after which, and before the end of the term, and before the bill of exceptions in the case had been allowed, Judge White died. The defendant WoEEOBD,who had acted as attorney for relator throughout the trial, was appointed judge of said criminal court; at the same term of court at which the trial was had, defendant made application to the court for the election of a special judge to…
2Cases cited7 opinions
- State v. SneedSupreme Court of Missouri · 1887
- State v. BullingSupreme Court of Missouri · 1891
- Consaul v. LidellSupreme Court of Missouri · 1841
- State v. DavidsonSupreme Court of Missouri · 1879
- Klotz v. PerteetSupreme Court of Missouri · 1890
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3Cited by10 opinions
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- State v. SansoneSupreme Court of Missouri · 1893
- Barker v. Secretary of State's Office of MissouriMissouri Court of Appeals · 1988
- State ex rel. Brown v. WallsSupreme Court of Missouri · 1892
- Central Missouri Plumbing Co. v. Plumbers Local Union 35Missouri Court of Appeals · 1995
5 more not listed; retrieve them via the Exa API.