Autenrieth v. Schaff
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Eon. George W. Barnett, Special Judge. The judgment should be reversed because the special judge presiding at the trial had no jurisdiction. (1) The regular judge during the same term had jurisdiction to set aside the order disqualifying himself.
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Appeal from Pettis Circuit Court. — Eon. George W. Barnett, Special Judge. The judgment should be reversed because the special judge presiding at the trial had no jurisdiction. (1) The regular judge during the same term had jurisdiction to set aside the order disqualifying himself. His ruling that after making that order he had no jurisdiction to set it aside or to entertain defendant’s motion in that behalf was contrary to both principle and precedent; and, hence, constituted reversible error. State v. Webb, 74 Mo. 334; Colvin v. Six, 79 Mo. 200; Leise v. Mitchell, 53 Mo. App. 566. (2) Under…
1Opinion of the CourtWalker, J.
This was an action for damages for the death of plaintiff’s husband, which upon, a trial resulted in a verdict in her favor in the sum of $15,000. From the judgment rendered thereon this appeal was perfected.
Certain errors assigned render necessary a statement of matters occurring before the trial on the merits.
On the 12th day of December, 1916, the regular judge of the circuit court of Pettis County, where this case was pending, made and caused to be entered of record the following order: “Now on this day the judge of this court on his own motion disqualifies as trial judge in the above…
2Cases cited4 opinions
- State v. HosmerSupreme Court of Missouri · 1885
- State v. NewsumSupreme Court of Missouri · 1895
- Smith v. HaworthSupreme Court of Missouri · 1873
- State v. DownsSupreme Court of Missouri · 1901
3Cited by5 opinions
- Byrd v. BrownMissouri Court of Appeals · 1981
- Archerd v. BurkOregon Supreme Court · 1934
- Weinstock v. HoldenSupreme Court of Missouri · 1999
- State Ex Rel. H. H. Banks v. PriceMissouri Court of Appeals · 1934
- In re F. Z.Missouri Court of Appeals · 1981