Smith v. Haworth
Supreme Court of Missouri
Appeal from, Jasper Circuit Court. I. The act of the Legislature, (Sess. Acts 1870, p. 200, § 15) to say the least, is of doubtful and dangerous propriety. The transcript fails to show that any record of the appointment of Phelps as Judge pro tern, was made. Act of Legislature 1870, p. 200, section lé and 15, together with section 42 same act, authorize the appointment of a Judge, pro tern.
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Appeal from, Jasper Circuit Court. I. The act of the Legislature, (Sess. Acts 1870, p. 200, § 15) to say the least, is of doubtful and dangerous propriety. The transcript fails to show that any record of the appointment of Phelps as Judge pro tern, was made. Act of Legislature 1870, p. 200, section lé and 15, together with section 42 same act, authorize the appointment of a Judge, pro tern. Section 14, article 6, Missouri Constitution provides for the election of Judges and their qualifications, which is the same as section 9, article 7, Indiana Constitution. Upon this question the Supreme…
1Opinion of the CourtSherwood, Judge
*89This was an action brought in the Court of Common Pleas of Jasper county to foreclose a mortgage, and resulted in a judgment as prayed in the petition, and this case comes here on appeal of defendants, who, among other grounds, assign, as error in the action of the court below, the appointment of W. H. Phelps as Judge pro tem., to try the cause. This point was passed upon by this court at its last January term, in the case of Harper vs. Jacobs, et al., in which it was held (Judge Ewing delivering the opinion), that the act of the Legislature, approved February 1, 1870, authorizing such…
2Cases cited1 opinion
- Schell v. LelandSupreme Court of Missouri · 1870
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- Autenrieth v. SchaffSupreme Court of Missouri · 1917
- J. H. Tschudy Hardwood Lumber Co. v. Hotel Investment Co.Missouri Court of Appeals · 1916