Legal Opinion

United States v. Thurston

District Court, D. Hawaii

Decided April 17, 1911Published

Eminent Domain: Suggestion of disqualification of judge.

1Opinion of the CourtClemons, J.

In this case counsel for the defendants have declared in open court their intention to suggest my disqualification to pass upon the pending demurrers, as well as to preside at the trial, on the ground of my having been of counsel for one of the defendants previous to becoming a judge of this court; and the plaintiff having meantime moved to set the demurrers for hearing, several of the defendants have now joined in filing such suggestion. Aside from this action of the parties, I also had been considering the question with the view of declining, on my own motion, to sit in the case if I should…

2Cases cited11 opinions

  1. East Rome Town Co. v. CothranSupreme Court of Georgia · 1889
  2. United States v. Honolulu Plantation Co.Court of Appeals for the Ninth Circuit · 1903
  3. Ten Eick v. SimpsonNew York Court of Chancery · 1844
  4. United States ex rel. Coquard v. Indian Grave Drainage Dist.Court of Appeals for the Seventh Circuit · 1898
  5. Cummings v. FeareyMichigan Supreme Court · 1880

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