Kentucky Central R. R. v. Kenney
Court of Appeals of Kentucky
Case 25 — SPECIAL JUDGE appeal from bourbon circuit court. 1. TlA objection to'the special judge did not come too late. 2. The statute does riot authorize the election of a special judge for the, term. . _ . 3. Appellee, as the successor of Harp, can not maintain this action upon the-deed or covenant relied upon. It does not run with the land. Const.
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Case 25 — SPECIAL JUDGE appeal from bourbon circuit court. 1. TlA objection to'the special judge did not come too late. 2. The statute does riot authorize the election of a special judge for the, term. . _ . 3. Appellee, as the successor of Harp, can not maintain this action upon the-deed or covenant relied upon. It does not run with the land. Const. Ky., sec. 28, art. 4, Gen. Stats.; art 7, oh. 28; Rudd v. Wool-folk,, 4 Bush, 557; Vandiver v. Vandiver, 3 Met., 138; 2 lb., 340- No brief on the record
1Opinion of the CourtChief Justice Hargis
The Hon. W-. A. Cunningham, in the absence of the-circuit judge, was elected to hold the October term of the Bourbon circuit court. During the term this case-was called, a jury waived, and although he said he-would prefer not to try the case and asked to be excused from acting, counsel for both plaintiff and defendant insisted that he should do so, which he did. After he had decided the case, the appellant, for the first time, objected to him as a judge, on the ground that there was no law authorizing an election of a special. *155judge for the term, and as he had not been elected to try this…
2Cases cited2 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Cook v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
3Cited by14 opinions
- Hargis v. CommonwealthCourt of Appeals of Kentucky · 1909
- Martin v. StumboCourt of Appeals of Kentucky (pre-1976) · 1940
- Pace v. ReedCourt of Appeals of Kentucky · 1910
- Ellington v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Roberts v. SturgillCourt of Appeals of Kentucky (pre-1976) · 1934
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