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Gaither v. Wasson
42 Ark. 126
Ark.
1883
Check Treatment
English, O. J.

It appears from the record, as amended, that this case being ready for hearing on bill, answer and depositions, and the regular judge being disqualified to sit in the case, it was submitted by consent of the solicitors of the parties, to James A. Wilson, Esq., as special judge, ■who as such heard the case, and rendered the decree in favor of Wasson and wife. Appealed from by Gaither.

A special judge must be elected by the attorneys of the court, as prescribed by the Constitution, and can not be agreed on by the parties to a suit, and a judgment or decree rendered by a special judge selected by agreement, is corara non judice and void, as held in Dansby v. Beard, 39 Ark., 254.

The decree must be reversed, set aside and held for naught, and the cause remanded to be heard anew by a competent court.

Case Details

Case Name: Gaither v. Wasson
Court Name: Supreme Court of Arkansas
Date Published: Nov 15, 1883
Citation: 42 Ark. 126
Court Abbreviation: Ark.
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