Bedingfield v. First National Bank
Court of Appeals of Georgia
Appeal, from Jefferson superior court — Judge Bawlings. January 13, 1908. . The plaintiff in error excepts to the judgment of the judge of the superior court overruling his affidavit of illegality to a fi. fa. issued from the county court of Jefferson county.
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Appeal, from Jefferson superior court — Judge Bawlings. January 13, 1908. . The plaintiff in error excepts to the judgment of the judge of the superior court overruling his affidavit of illegality to a fi. fa. issued from the county court of Jefferson county. The case was appealed to the superior court, and the affidavit of illegality was there overruled by the judge, upon an agreed statement of facts, from which it appeared, that the defendant in error brought a suit in trover, with bail process, against one Brown, for the recovery of certain personal property alleged to be in the possession…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts).
We think the judge erred in overruling the affidavit of illegality. It was admitted that the judge of the county court was disqualified, and that Mr. Kinman was not the judge of any county court in this -State. It became necessary, then, to have a judge pro. hac vice. This judge pro hac vice is only to be appointed in the manner provided by law, and any one selected to preside in the trial of a case, in the emergency created by the disqualification of the judge, must be appointed and selected in one of the modes *200prescribed by law. If this be not done, there…
2Cases cited21 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Jackson v. Guilmartin & Co.Supreme Court of Georgia · 1878
- Hinton v. LindsaySupreme Court of Georgia · 1856
- Gunn v. TackettSupreme Court of Georgia · 1881
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