Ollila v. Graham

On Motion for Rehearing.

The appellant now urges that the presiding judge was disqualified from serving because he was not a judge who resided nearest the courthouse in which the contest was filed. This contention was not urged previously in the lower court or before this court. The motion to disqualify in the trial court simply stated that neither the appointed presiding judge nor any other judge in the State of Georgia was authorized to preside in the trial of the case. There was no evidence introduced to show the existence of a qualified judge who resided in closer proximity than the judge…