Gaither v. Wasson
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, in Chancery. Hon. James A. Wilson, acting as Special Judge. Hon. James A. Wilson was not duly elected special judge as by law required, but only presided by consent of counsel. The judgment was coram non judice and void.
1Opinion of the Court
English, O. J.
It appears from the record, as amended, that this case being ready for hearing on bill, answer and depositions, and the regular judge being disqualified to sit in the case, it was submitted by consent of the solicitors of the parties, to James A. Wilson, Esq., as special judge, ■who as such heard the case, and rendered the decree in favor of Wasson and wife. Appealed from by Gaither.
A special judge must be elected by the attorneys of the court, as prescribed by the Constitution, and can not be agreed on by the parties to a suit, and a judgment or decree rendered by a special…
2Cited by12 opinions
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- Gordon v. ReevesSupreme Court of Arkansas · 1924
- Abercrombie v. GreenSupreme Court of Arkansas · 1962
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