Marshburn v. Stewart

On Rehearing.

WALKER, J.

On submission of this case, Mr. Chief Justice HIGHTOWER recused himself, and on motion of appellants has filed the following certificate, duly verified by him, explaining his action:

“When this cause was submitted in this court, on the 10th day of March, 1927, the writer had reached the conclusion that he was disqualified to sit in its disposition, and so held, and refused to sit. Thereupon the cause was submitted, and was thereafter decided and disposed of by the two associate justices of this court, Hon. Daniel Walker and Hon. W. B. O’Quinn, the writer taking no part…