Rose v. Allison

—This suit was brought by the appellees against the appellant on a promissory note. After issues formed, an affidavit was filed for a change of venue on account of the prejudice of the judge, who thereupon called the judge of the criminal court of that county to preside and try the case.

After the judge thus called had taken his seat on the bench and called the case for trial, the transcript clearly shows that the parties waived a j ury, and consented to try the case before and by the judge thus called and on the bench.

The only question in the case is, had the judge, under this state of facts,…