State Ex Rel. Smith v. Bosworth

Given", Judge,

dissenting:

The pertinent provisions of Code, 56-9-1, 2, as amended, authorize the transfer of any “action, suit, motion or other civil proceeding”, then pending in any circuit court, “to any other circuit court”, where the trial judge “is so situated as to render it improper, in his opinion, for him to decide such case or preside at the trial thereof.” The court may, in such a proceeding, in such circumstances, “without motion or notice”, order the case to be removed to “any other circuit court”. Section 3 of the same article provides that on removal “the case shall be proceeded…