Smith v. Blakeman
Court of Appeals of Kentucky
Case 12 — PETITION ORDINARY APPEAL FROM TAYLOR CIRCUIT COURT. CITED Act of March 5, 1860, sec. 20, Myers’s Supplement, 80. Constitution of Kentucky, section 28, article 4. Revised Statutes, article 13, chapter 27. Civil Code, sections 363, 364, 367. ' 17 B. Monroe, 609, Freeman v. Brenham.
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Case 12 — PETITION ORDINARY APPEAL FROM TAYLOR CIRCUIT COURT. CITED Act of March 5, 1860, sec. 20, Myers’s Supplement, 80. Constitution of Kentucky, section 28, article 4. Revised Statutes, article 13, chapter 27. Civil Code, sections 363, 364, 367. ' 17 B. Monroe, 609, Freeman v. Brenham. CITED Act of March 5, 1860, sec. 20, Myers’s Supplement, 80. Revised Statutes, 1 Stanton, 321. Myers’s Supplement, 136, 693. 7 B. Monroe, 609, Freeman v. Brenham. 2 Metcalfe, 425, Vaudever v. Griffith. 1 Bush, 104, Meadows v. Campbell.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
The first question presented by this record is whether or not the cause could be legally tried by a special judge elected by the members of the bar, the appellants not consenting thereto.
Section 1, article 13, chapter 27, Revised Statutes, authorizes the election of special judges when from any cause the regular judge shall fail to attend his court, or, if in attendance, will not or can not properly preside in a cause or causes pending therein. It is insisted, however, that the 20th section of an act approved March 5, 1860 (Myers’s Supplement,…
2Cited by16 opinions
- State v. WilliamsWest Virginia Supreme Court · 1878
- Winans v. WinansWest Virginia Supreme Court · 1883
- Stinson v. ShaferSupreme Court of Arkansas · 1893
- Louisville & Nashville R. R. v. TurnerCourt of Appeals of Kentucky · 1883
- Scott v. BurrowsCourt of Appeals of Kentucky · 1877
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