Schultze v. McLeary
Texas Supreme Court
This was a motion filed in the Supreme Court for a peremptory writ of mandamus to compel J. H. McLeary, an attorney who had been appointed as special judge, to proceed with the trial of the case.
1Opinion of the Court
Stayton, Chief Justice.—
There was an action pending in the District Court for Bexar County, in which the applicant was the plaintiff and L. Orynski one of many defendants.
The wives of the district judge and Orynski were sisters, and on this ground, during the first term:' after the action was brought, the parties not having agreed upon a special judge, the district judge certified his disqualification to the Governor, who appointed J. H. McLeary to try the cause. Under this appointment McLeary qualified and tried the cause, but on application for a new trial held that the district judge was.…
2Cases cited2 opinions
- Houston & Texas Central Railway Co. v. TerrellTexas Supreme Court · 1888
- Jordan v. MooreTexas Supreme Court · 1886
3Cited by37 opinions
- Fry v. TuckerTexas Supreme Court · 1947
- Postal Mutual Indemnity Co. v. EllisTexas Supreme Court · 1943
- Howell v. BuddCalifornia Supreme Court · 1891
- Burgemeister v. AndersonTexas Supreme Court · 1924
- Jirou v. JirouCourt of Appeals of Texas · 1910
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