In re Scott

OPINION OP THE COURT BY

ROBERTSON, C.J.

This is a petition for a writ of prohibition to restrain circuit judge Stuart from proceeding further in the hearing of a suit in equity for the partition of certain land wherein the petitioners herein are plaintiffs, on the ground that the judge is disqualified by reason of pecuniary interest in the case. Org. Act, Sec. 84. The facts constituting the alleged disqualification are, in brief, these: The circuit judge had previously appointed the respondent Lightfoot as master in chancery in the partition' suit under an order directing an inquiry into and a…