McCabe v. Whitehill

McGHEE, Justice.

The appellee procured a decree against various defendants quieting title to mining claims, and Mary B. Whitehill alone appeals.

The case is before us on motion to dismiss the appeal on the following grounds:

1. Because the order granting the appeal was signed by Judge A. W. Marshall after he had recused himself and the case had been heard and a judgment signed by Hon. Albert R. Kool, then Judge of the Second Judicial District, under a designation reading as follows:

“I, A. W. Marshall, District Judge of the Sixth Judicial District of the State of New Mexico, do hereby request the…