Bibb Land-Lumber Co. v. Lima Machine Works
Bibb Land-Lumber Co. v. Lima Machine Works
Opinion of the Court
It appears from the record, that the superior court of the county of Bibb, and a city court of said county which, sits by law in the city of Macon, have by mutual agreement established a system of rules for the convenience of each and for the convenience of members of the bar who- practice law in each of said courts. Among other of the rules so-established was one which provided as follows: “When any case is called and the counsel for either party shall be engaged in the trial of a case in the city or federal court in Macon, such case shall be checked until the counsel so engaged in the city or federal court shall conclude the trial of such case-, when the case so checked shall be in order for trial according to- its original place on the calendar.” Another provides that: “After a case is set down for trial, the same will not be continued except for providential cause,.
The case now under review was pending in the city court of the city of Macon, and had been assigned for a day certain in that co-urt. Certain causes pending in the superior court, in which the counsel for the defendant in the present case were of counsel, had been assigned for several days earlier than that assigned for the trial of the case in the city court, but in consequence of the illness of the circuit judge, these assignments had been vacated and the cases reassigned by him for the day fixed for the trial of this case in the city court. The cases reassigned in the superior court were some in which the resident circuit judge was disqualified, and he had procured the attendance of a judge of another circuit for the purpose of trying such cases. The case in the_ city court appears to have been called for trial at 9 o’clock a. m. (the usual time for the sitting of that- court) of the day fixed for the trial thereof. The cases in the superior court were called in their order on the same day by the non-resident circuit judge. It appears that counsel for the defendant in that case, when the same was called up- for trial, moved a postponement, for the time being, of the trial thereof, assigning as a reason the pendency for trial of the cases in the superior court above referred to. The motion to postpone was disallowed. The counsel then appeared in the superior court and asked that the assignment of those cases be vacated temporarily in order to enable them to complete the-trial of the case in the city court. The superior court having deferred the trial of the cases until its
1, 2. In the hopeless conflict between what was alleged to have occurred and what did occur in the progress of this controversy touching the jurisdiction of the several courts, it is more than probable that the case was not tried in that calm, serene atmosphere which should surround a court in the progress of judicial investigation. It is not at all probable that the circumstances out of which this question was evolved will again occur, or that the question will itself again be raised; and hence a minute discussion of all the minor facts upon which the controversy at last may rest will be wholly unprofitable and useless as a guide for the courts in the future dispatch of business. We deem it only necessary to say that the superior court, as a court of original jurisdiction, is one of boundless power. Within the sphere of its own jurisdiction, judgments of the city
The rules of practice established by the superior court in this case were rules of that court. The interpretation of those rules was for the superior court; and when the circuit judge ruled that the attorneys engaged in the city court must present themselves at the bar of the superior court to proceed with the trial of cases therein pending, the judge of the city court should have yielded to such direction. We will not presume that circuit judges will abuse the discretion or capriciously exercise the power conferred upon them in this matter; nor do we think, in view of the circumstances and facts under which the present controversy arose, that there was a disposition to unduly exercise this power. It will be borne in mind that a non-resident circuit
3. It was insisted upon the argument here, that .whatever view this court might take of what transpired in the city court, the judgment of the city judge on the merits of the case was right and should not be disturbed. We have looked through the record carefully, and we are. not prepared to say that this is a case in which a judgment was demanded for the plaintiff. It was the right of this defendant to have its case tried according to law, and to be represented by counsel at every stage of that trial; for if anything occurred upon the trial prejudicial to him to which he did not then object, he could not thereafter make the question upon its legality. Hence we deem it our duty, in view of the unfortunate conflict in which this defendant was involuntarily drawn, to remand this case that it may be tried under circumstances more favorable to the administration of even tempered justice. Judgment reversed.
Reference
- Full Case Name
- BIBB LAND-LUMBER COMPANY v. LIMA MACHINE WORKS
- Cited By
- 1 case
- Status
- Published