Ex parte Thomas

I can not agree to the holding of the majority that under *588the facts here presented the right of the attorneys of the county to elect a special judge was conferred because the regular judge failed to hold court as provided by Art. 1934, R.C.S.

All the evidence shows that the regular judge did not fail or refuse to hold court. He was in his office and around the courthouse at the time of the election as well as at the time of the trial.

Under the facts as here presented and under the holding of my brethren, any time the lawyers in court caught the regular judge off the bench or not in the…