Sewell v. Huffstetler
Cases that cite this one
4 later published cases cite this decision.
- Ex Parte Harry Aulday (Fla. 1933)
- Suarez v. State of Florida (Fla. 1928)
- Sewell v. Huffstetler (Fla. 1922)
- Turner v. State (Fla. 1930)
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
In this action on an injunction bond, there was a default and an inquest of damages tried before a Circuit Judge who was presiding in the place of a disqualified judge. Before trial affidavits were fiiled alleging in sufficient form the prejudice of the judge against the defendants, and a change of ’venue on that account
As the prejudice of the judge was sufficiently set up, it was error for him to sit as judge in the trial of the case. Sec. 1471 Gen. Stats. 1906. See Howell v. State, 77 Fla., 119, 81 South. Rep. 287; Berger v. United States, — U. S. —, 41 Sup. Ct. Rep. —, decided January 31, 1921. See Chap. 7852, Acts of 1919, passed after the trial of this cause.
The judgment is reversed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.