Wheeler, Trustee v. Ridge Country Holding Co.

The appeal herein was taken from a final decree in a chancery cause rendered by a “Judge ad litem.” One of the appellees, the Selden Cypress Door Company, moves to dismiss the appeal on the ground that the decree is void, there being no authority for a judge ad, litem in a chancery cause. Error is assigned on the final decree and on the order appointing a judge ad litem.

Sections 19 and 20, Article V of the Constitution, are as follows:

“Section 19. When any civil case at law in which the judge is disqualified shall be called for trial in a circuit or county court, the parties may agree upon an…