Gaither v. Wasson
Cases that cite this one
9 later published cases cite this decision.
- Titan Oil & Gas, Inc. v. Shipley (Ark. 1975)
- Gordon v. Reeves (Ark. 1924)
- Arkadelphia Lumber Co. v. Asman (Ark. 1906)
- Abercrombie v. Green (Ark. 1962)
- Kory v. Dodge (Ark. 1927)
- Summerlin v. State (Tex. Crim. App. 1913)
- St. Louis, Iron Mountain & Southern Railway Co. v. Stites (Ark. 1906)
- Arkadelphia Lumber Co. v. Asman (Ark. 1904)
- Railway Co. v. Sageley (Ark. 1892)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It appears from the record, as amended, that this case being ready for hearing on bill, answer and depositions, and the regular judge being disqualified to sit in the case, it was submitted by consent of the solicitors of the parties, to James A. Wilson, Esq., as special judge, ■who as such heard the case, and rendered the decree in favor of Wasson and wife. Appealed from by Gaither.
A special judge must be elected by the attorneys of the court, as prescribed by the Constitution, and can not be agreed on by the parties to a suit, and a judgment or decree rendered by a special judge selected by agreement, is corara non judice and void, as held in Dansby v. Beard, 39 Ark., 254.
The decree must be reversed, set aside and held for naught, and the cause remanded to be heard anew by a competent court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.