State Ex Rel. Bennett v. Bonner

My disagreement with the majority opinion is not with many of the fundamental principles enunciated in it but with their applicability to the facts of this case. The majority opinion is based upon a misconception of the facts. Governor Bonner’s orders do not divest Judge Bennett of authority or jurisdiction over cases in which he is not disqualified. Judge Bennett is not forced to abdicate or stand aside “while others take over his office, ’ ’ save as to cases in which he is disqualified and as to those the law and not the orders of Governor Bonner forces him to stand aside.

In the answer and…