Hume v. Commercial Bank

In this case, the creditors of the Commercial Bank and James Comfort, the trustee, under the general assignment of the bank, have filed separate petitions for a re-hearing. The petition of the creditors is rested entirely, and the petition of the trustee principally on the fact that one of the judges of this Court, who participated in the hearing and decision, was incompetent to sit in the cause by reason of relationship to one of the creditors of the bank.

The constitution of 1870 upon this subject is: “No judge of the Supreme Court shall preside on the trial of any cause where either of the…