Hennon v. State

Court of Appeals of Georgia

Hennon v. State

127 S.E. 473, 33 Ga. App. 600, 1925 Ga. App. LEXIS 628

CourtCourt of Appeals of Georgia

DecidedMarch 27, 1925

Docket16206

StatusPublished

Cited by6 cases

This text of 127 S.E. 473 (Hennon v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hennon v. State, 127 S.E. 473, 33 Ga. App. 600, 1925 Ga. App. LEXIS 628 (Ga. Ct. App. 1925).

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Opinion

Bloodworth, J.

(After -stating the foregoing facts.) Only the first headnote will be discussed. Did the court err in striking the special plea? In Long v. State, 25 Ga. App. 22 (1) (102 S. E. 359), this court (citing 17 Am. & Eng. Enc. of Law, 738; 23 Cyc. 582; Elliott v. Hipp, 134 Ga. 848, 68 S. E. 736, 137 Am. St. R. 272, 20 Ann. Cas. 423) held: “Bias or prejudice on the part of a judge does not disqualify him, in the absence of a statutory provision on the subject.” In Luke v. Batts, 11 Ga. App. 783 (3) [602]*602(76 S. E, 165), this court held that “the statutory grounds of the disqualification of a judicial officer, as contained in the Civil Code, § 4642, are exhaustive.” There is nothing in the special plea which shows that Judge Bale came within any of these statutory provisions relating'to disqualification. Therefore the court did not err in striking the special plea.

Judgment affirmed.

Broyles, G. J., and Luke, J., concur.

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Bloodworth, J.

(After -stating the foregoing facts.) Only the first headnote will be discussed. Did the court err in striking the special plea? In Long v. State, 25 Ga. App. 22 (1) (102 S. E. 359), this court (citing 17 Am. & Eng. Enc. of Law, 738; 23 Cyc. 582; Elliott v. Hipp, 134 Ga. 848, 68 S. E. 736, 137 Am. St. R. 272, 20 Ann. Cas. 423) held: “Bias or prejudice on the part of a judge does not disqualify him, in the absence of a statutory provision on the subject.” In Luke v. Batts, 11 Ga. App. 783 (3) [602]*602(76 S. E, 165), this court held that “the statutory grounds of the disqualification of a judicial officer, as contained in the Civil Code, § 4642, are exhaustive.” There is nothing in the special plea which shows that Judge Bale came within any of these statutory provisions relating'to disqualification. Therefore the court did not err in striking the special plea.

Judgment affirmed.

Broyles, G. J., and Luke, J., concur.

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127 S.E. 473, 33 Ga. App. 600, 1925 Ga. App. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hennon-v-state-gactapp-1925.

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