McGregor v. Village of Lovington

Opinion of the Court, the

Hon. Carroll C. Boggs, Judge.

This was a prosecution against the appellant for a violation of an ordinance of the village. It came first for trial before a justice of the peace, who was at the time, one of the village trustees. The appellant, upon the theory that the justice, by reason of the fact that he was one of the village trustees, could not entertain jurisdiction of the cause, moved its dismissal.

The justice ruled that he was not so incapacitated by the trusteeship, and proceeded with the trial of the case, in which the appellant did not participate. The result…