In Re the Estate of Beckley

DISSENTING OPINION OF

PERRY, C. J.

I respectfully dissent. Prior to 1910 one of the provisions of section 84 of the Organic Act was that “no judge shall sit on an appeal or new trial in any case in which he may have given a previous judgment.” This inhibition was Avide enough to disqualify a judge from sitting in this court in any case in Avhich, as circuit judge, he may have given any judgment, irrespective of whether the appeal to this court Avas from the judgment which he had rendered or from a judgment which some other judge had rendered. In 1910 the provision was amended so as to read “nor…