112 Ga. 76 | Ga. | 1900
It appears from the record that Judge Hammond of the city court of Griffin was disqualified in a civil case. His court was in session/ and, under paragraph 1 of section 5 of article 6 of the constitution of this State, he called upon Judge Beagan of the superior court of Spalding county to preside in the city court to try the disqualified case. Judge Beagan went upon the bench of the city court, and a jury was selected to try the case. Thereupon Judge Beagan, with the consent of counsel in the case, left the regular city-court room and went into the grand-jury room
We think that when, under the above-cited section of the constitution, the judge of a city court is disqualified in a particular case and the judge of the superior court goes upon the city-court bench to try it, he is, for that occasion and pending the trial of that case, judge of the city court. The regular judge, of the city court has no jurisdiction or power to try any other case while the judge of the superior court is engaged in trying the disqualified case. So far as we are aware, there- is no law which authorizes two judges to preside and try cases at the same time in a city court. It required an act of the legislature to authorize such a proceeding in the superior courts of counties of more than ten thousand inhabitants. There is no such act in reference to city courts, and they are without authority to hold such double sessions. It follows that, when they seek to do so, but one of the two judges is holding a regular and lawful court. In the case of Harrison v. Hall Safe & Lock Co., 64 Ga. 558, it appeared that Judge Hillyer of the Atlanta circuit had requested Judge Tompkins of the Eastern circuit to hold the superior court of Fulton county. Judge Tompkins went upon the bench in the place and stead of Judge Hillyer, who retired. Judge Hillyer then repaired to another room in the building, and, opening a court, proceeded to try other cases. In one of the cases tried by Judge Tompkins, exception was taken on the ground that Judge Tompkins was without legal authority to try the case while the judge of the circuit was trying another case in another room in the court-house of the county. This court held, that
Judgment reversed.