Crook v. Newborg & Son
Supreme Court of Alabama
Appeal from Anniston City Court. Tried before I-Ion. James W. Lapsley. The opinion sufficiently states the facts. — The settlement of Gammon could hardly be considered a suit against him, and certainly S. L. Cook ivas no party. — Martin v. Tally, 72 Ala. 30; Steele v. Graves, 68 Ala. 17. (2). The interest to disqualify a judge must be direct and immediate. — Ellis v. Smith, 42 Ala. 353; Hiñe v. Hussey, 45 Ala. 496; Hayes v. Collier, 47 Ala. 726; New v. State, 49 Ala. 9.…
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Appeal from Anniston City Court. Tried before I-Ion. James W. Lapsley. The opinion sufficiently states the facts. — The settlement of Gammon could hardly be considered a suit against him, and certainly S. L. Cook ivas no party. — Martin v. Tally, 72 Ala. 30; Steele v. Graves, 68 Ala. 17. (2). The interest to disqualify a judge must be direct and immediate. — Ellis v. Smith, 42 Ala. 353; Hiñe v. Hussey, 45 Ala. 496; Hayes v. Collier, 47 Ala. 726; New v. State, 49 Ala. 9. cited, in their argument on the disqualification of the judge, the following authorities. — Lyon v. State Bank, 1 Steward…
1Opinion of the CourtTyson, J.
— -This appeal is prosecuted from a judgment rendered by the city court of Anniston awarding a writ of mandamus to compel the appellant to certify his incompetency as probate judge to hear and determine the settlement of an account of one Gammon as administrator. The settlement to be*made by the administrator is one required under sections 298-299 of the Code after, declaration of insolvency of the estate.
One of the objections urged to the competency of the appellant, in the probate court, and upon which in part was based the demand that he certify his disqualifications to hear and determine…
2Cases cited10 opinions
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- North Bloomfield Gravel Mining Co. v. KeyserCalifornia Supreme Court · 1881
- Banks v. SpeersSupreme Court of Alabama · 1892
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
- Gill v. StateSupreme Court of Alabama · 1878
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3Cited by29 opinions
- Ex Parte BalogunSupreme Court of Alabama · 1987
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- Yazoo & Mississippi Valley Railroad v. KirkMississippi Supreme Court · 1912
- Gulf States Steel Co. v. ChristisonSupreme Court of Alabama · 1934
- Haslam v. Morrison, District JudgeUtah Supreme Court · 1948
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