Cases Argued and Decided in the Supreme Court of Mississippi Volume 125 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...a salary in the 0509 Of J. W. Cutrer, and that he is not advised as to J. WCutrer's interest in the subject-matter 01, ' the litigatmni but that he is not interested therein, and that the recovery Of the judgment would have no effect upon him one W? or the other. He further makes affidavit that before the case was @311' Q" for argument that he disclosed to E. o. Brewer, one of the attorneys f0 ' the appellant and the attorney who makes the affidavit of disqualification his connection and "M118 With reference to employment with Mr. Cutrer, and that he believes that the other counsel understood his relation and connection with Mr. Cutter. There is no denial of these statements in a counter aflidavit and there is no counter aflidavit of any kind filed in the cause. Prior to the submision of the case and for some time past, Judge Sam C. Cook informed each member of this division of the court of the nature of Sam C. Cook, J r., 's employment by Mr. Cutrer, and his relation was known to the members of the court. Section 165 of the state Constitution reads as folloujs: "No judge of any court shall preside on the trial of any cause, where the parties or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, except by the consent of the judge and of the parties. Whenever any.judge of the supreme court or the judge or chancellor of any district In this state shall, for any reason; beunable or disl11a1i' fled to preside at any term of court, or in any case Where the attorneys engaged therein shall not agree upon a member of_ the bar to preside in his place, the Governor may Commlssion another, or others, of law knowledge, to preside at such...