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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