10 S.W.2d 184 | Tex. App. | 1928
Rehearing
On Motion for Rehearing.
J. W. Teague is the father-in-law of Hon. T. M. Cox, the district judge, who first tried this cause and wag held by this court to be
It is not Seriously contended that the father-in-law of the judge was not the owner of shares in the joint-stock company, but it is contended that the fact of his owning did not disqualify the trial judge. This contention is made in the face of the former adjudication of this matter by this court and a refusal of a writ of error by the Supreme Court, under the identical facts now before this court.
The contention now is that this court is in conflict with an opinion,, by the Commission of Appeals in Texas Farm Bureau Cotton Association v. Williams, 300 S. W. 44. The association in that case was duly incorporated under the laws of Texas, while, as .stated in the former opinion of this court:
“The Grubstake Association is not a corporation, but a kind of partnership, acting by and through trustees elected by those who own shares in the partnership. In a corporation the shareholders are not- directly, but indirectly,- interested in the affairs of the corporation, and it has been ruled that relationship of a judge to a shareholder would not disqualify him in a suit by or against the corporation. The Association is a partnership rather than a corporation.”
The question as to whether the party related to the judge must be named in the pleadings in order to disqualify the judge, was thoroughly discussed in our former opinion, and authorities cited to show that the judge would be disqualified whether his relative was named or not. We need not reiterate it.
While to -appellants “there can be no moral reason for a distinction between a case of this kind and one involving a corporation,” there is such distinction made by courts, that-hold that these joint-stock associations are partnerships, and it has never been held that a judge would not be disqualified in trying a partnership case, when a near rela-. tive of his is one of the partners.
The motion for rehearing is overruled.
Lead Opinion
This is an appeal from a judgment rendered by Hon. W. O. Murray, setting aside a judgment rendered by Hon. T. M. Cox, with whom the former had exchanged districts on the ground of the disqualification to render the former judgment and appoint a receiver, by reason of relationship of his father-in-law who owned shares in the corporation for whose property a receivership was granted.
The identical questions involved in this suit were involved in the case of Stephenson v. Kirkham (Tex.Civ.App.)
There is no merit in the appeal, and the judgment of Hon. W. O. Murray is in all things affirmed.
It is not seriously contended that the father-in-law of the judge was not the owner of shares in the joint-stock company, but it is contended that the fact of his owning did not disqualify the trial Judge. This contention is made in the face of the former adjudication of this matter by this court and a refusal of a writ of error by the Supreme Court, under the identical facts now before this court.
The contention now is that this court is in conflict with an opinion by the Commission of Appeals in Texas Farm Bureau Cotton Association v. Williams,
"The Grubstake Association is not a corporation, but a kind of partnership, acting by and through trustees elected by those who own shares in the partnership. In a corporation the shareholders are not directly, but indirectly, interested in the affairs of the corporation, and it has been ruled that relationship of a judge to a shareholder would not disqualify him in a suit by or against the corporation. The Association is a partnership rather than a corporation."
The question as to whether the party related to the judge must be named in the pleadings in order to disqualify the judge, was thoroughly discussed in our former opinion, and authorities cited to show that the judge would be disqualified whether his relative was named or not. We need not reiterate it.
While to appellants "there can be no moral reason for a distinction between a case of this kind and one involving a corporation," there is such distinction made by courts, that hold that these joint-stock associations are partnerships, and it has never been held that a judge would not be disqualified in trying a partnership case, when a near relative of his is one of the partners.
The motion for rehearing is overruled.
Lead Opinion
This is án appeal from a judgment rendered by Hon. W. O. Murray, setting aside a judgment rendered by Hon. T. M. Cox, with whom the former had exchanged districts on the ground of the disqualification to render the former judgment and appoint a receiver, by reason of relationship of his father-in-Law who owned shares in the corporation for whose property a receivership was granted.
The identical questions involved in this suit wdre involved in the case of Stephenson v. Kirkham (Tex. Civ. App.) 297 S. W. 265, and settled adversely to the contentions of appellants. We adhere to that decision which, since its rendition, has been fortified by another decision by this court. White v. Hidalgo Water Improvement Dist. No. 2 (Tex. Civ. App.) 6 S.W.(2d) 790. Every act of Judge Cox in connection with this was null and void; .the appointment of a receiver as well as other acts.
There is no merit in the appeal, and the judgment of Hon. W. O. Murray is in all things affirmed.