Pattison v. Hogston, Admr.

Dissenting Opinion.

Nichols, J.

I must respectfully dissent from the opinion of the majority so far as it holds that the regular judge, after a change had- been taken from him because of his bias and prejudice, and a special judge had been appointed, was authorized to modify the order of sale rendered by the special judge. It does not appear that the special judge had declined to act, nor does it appear that there had been any consent that the cause might be remanded to the jurisdiction of the regular judge. It is my opinion that such regular judge was wholly without jurisdiction to make such…