Marino v. Smith

Percy W. Marino and Vilai Marino appeal from a final judgment in favor of the plaintiffs, Angelina Smith, Senry Boler and Charlotte Douglas, in a suit in ejectment. We affirm.

Part of the testimony in this case was presented by deposition and part was presented ore tenus before a circuit judge. He recused himself before making a decision. This case was then assigned to another circuit judge, who took further ore tenus testimony. He failed to make a decision and this case was submitted to still another circuit judge on the depositions taken and the transcripts of testimony taken before the…