Reports of Cases Argued And Adjudged in the Court of Appeals of Texas

Cover Reports of Cases Argued And Adjudged in the Court of Appeals of Texas
Reports of Cases Argued And Adjudged in the Court of Appeals of Texas
Texas. Court of Appeals
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Proc, art. 572.) In the case before us the only entry with regard to the special judge is the following: " Tuesday, September 20, 1887, Hon. J.
IL Maxey was selected by the State and defendant, and was Digitized by Qoo^^ S98 24 Texas Court of Appeals [Tyler Opinion of the coort.
sworn as a special judge to try the case of The State of Texas v.
Jordan Smith, No. 2668." This entry the clerk certifies to be .
found in his minutes, but it is entirely detached from, and dis- connected with any of th
...e other proceedings in the case.
Whether it is a sufficient compliance with the statute is the question presented. No reason for the appointment, that is, that the district judge was disqualified, is stated; no agreement lA writing to the selection of the special judge is set forth; no statement that he took the oath of office required by the Consti- tution is made, except inferentially.
In Thompson's case, 9 Texas Court of Appeals, 649, it was held that an agreement of counsel to appoint a special judge to try a cause should be perpetuated in writing, and such writing filed among the papers and made a part of the record.


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