Notley v. Brown

OPINION OF THE COURT BY

WILDER, J. (Frear, C. J., dissenting.)

This is a writ of error to the circuit court of the fourth circuit. On a motion to. quash the writ defendants in error claimed that Mr. Justice Hartwell was disqualified by reason of having acted as counsel for some of the parties in, and taken an active part in some previous stages of, the case. Plaintiffs in error contended that there was no disqualification either on the main case or on the motion to quash.

Of late years it has been the common practice for a justice of this court to refuse to sit in a case where the slightest…