Castles v. Burney
Texas Supreme Court
Castles v. Burney, 34 Tex. 470 (Tex. 1871)
Walker
Castles v. Burney
Opinion of the Court
The appellant obtained a judgment at the Fall term of the district court, for the year 1866, against the appellee Burney and others. One of the defendants, J. B. Earle, was a relative of the presiding judge, who recused himself on that account. And it appears that a special judge acted in the ease, but was not chosen in the manner provided by law. His judgment was voidable, and the defendants below resorted to their remedy by injunction. The judgment of the district court, dissolving the injunction and reinstating the case, was the correct practice, and we see no error in this on which to reverse.
The judgment is therefore .affirmed.
Affirmed.
Reference
- Full Case Name
- J. J. Castles, Adm'r, etc. v. G. E. Burney and others
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- It is provided by our statute that when, any judge is disqualified, the parties may, by consent, choose and appoint some other person to try the cause. (Paschal’s Digest, article 1419.) A judgment rendered in the district court by a special judge who was chosen by the plaintiff only, and without the concurrence of the defendants, was voidable; and the defendants were entitled, in their injunction suit, to have the judgment set aside and the cause reinstated on the docket.