Murray County v. Pickering

Bell, Presiding Justice.

(After stating the foregoing facts.)' The parties will be referred to as plaintiff and defendant, as they appeared in the trial court.

We are of the opinion that the judge erred in declining to hold himself disqualified; and as this error rendered the further proceedings nugatory, no other question will be decided.

The motion to disqualify was based on two grounds: (1) that the judge while practicing as an attorney had represented the defendant in previous litigation regarding the subject-matter; (2) that the firm of which he was then a member had represented and advised…