German Insurance v. Landram
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY — APPEAL PROJI GRANT CIRCUIT COURT. 1. The refusal of the judge to vacate the bench is a reversible error, although appellant went to trial without making any further objection to the jurisdiction of the court. (Turner v. Commonwealth, 2 Met., 621.) 2. The. statute providing the mode in which the regular judge of a circuit court may he required to vacate the bench is not in violation of the constitution.
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Case 68 — PETITION ORDINARY — APPEAL PROJI GRANT CIRCUIT COURT. 1. The refusal of the judge to vacate the bench is a reversible error, although appellant went to trial without making any further objection to the jurisdiction of the court. (Turner v. Commonwealth, 2 Met., 621.) 2. The. statute providing the mode in which the regular judge of a circuit court may he required to vacate the bench is not in violation of the constitution. On the contrary, the power to pass such a statute is* expressly granted.' (General Statutes, chapter 28, article 7, section 1; Constitution of Kentucky, article 4,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op tiie court.
The principal and only question necessary to be considered in this case arises from the refusal of the regular-judge below to vacate the bench on the filing of an affidavit by the agent of the appellant with the clerk of the court, as provided by section 1, article 7 of chapter 28,, General'Statutes, to the effect that “the judge would not afford the appellant a fair and impartial trial.” When the case was called, the appellant, the German Insurance Company, of Freeport, Illinois, defendant in the action, moved, through its counsel, for a…
2Cases cited1 opinion
- Turner v. CommonwealthCourt of Appeals of Kentucky · 1859
3Cited by35 opinions
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