Parks v. Citizens Bank of Valdosta

Court of Appeals of Georgia

Parks v. Citizens Bank of Valdosta

150 S.E. 438, 40 Ga. App. 523, 1929 Ga. App. LEXIS 624

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1929

Docket19910

StatusPublished

Cited by4 cases

This text of 150 S.E. 438 (Parks v. Citizens Bank of Valdosta) 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

Parks v. Citizens Bank of Valdosta, 150 S.E. 438, 40 Ga. App. 523, 1929 Ga. App. LEXIS 624 (Ga. Ct. App. 1929).

Pincite

Opinion

Broyles, C. J.

1. “No judge can sit in any cause or proceeding in which he is pecuniarily interested, or related to either party within the fourth degree of consanguinity or affinity. Civil Code, § 4642. The word ‘party’ thus referred to ‘would include any one pecuniarily interested in the result of the ease, and would not be limited to a person who is a party to the record.’” Dobbins v. Marietta, 148 Ga. 467 (97 S. E. 439), and cit.

2. In the instant case Judge J. G. Cranford presided. After the trial the following facts were discovered by Mrs. Parks, the losing party: At the time of the trial Mrs. Mary 0. Varnedoe was a stockholder in the plaintiff bank, and had two living children by her husband, C. C. Varnedoe. C. C. Varnedoe was the uncle by consanguinity of the wife of Judge Cranford, but died before this suit was filed. Held: Judge Cranford was related to Mrs. Mary 0. Varnedoe and her children by affinity within the fourth degree, and was disqualified from presiding in the case. The case of Patterson v. Collier, 75 Ga. 419 (58 Am. R. 472), cited by counsel for the defendant in error, is distinguished, by its facts, from this case.

3. The other assignments of error are not passed upon, as they are not likely to recur on another trial of the case.

Judgment reversed.

Lulce and Bloodxvorth, JJ., concur. William, Story, J. P. Knight, for plaintiff in error. West L. Crawford, W. B. Cook, Mitch,ell <£• Reininger, contra.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, C. J.

1. “No judge can sit in any cause or proceeding in which he is pecuniarily interested, or related to either party within the fourth degree of consanguinity or affinity. Civil Code, § 4642. The word ‘party’ thus referred to ‘would include any one pecuniarily interested in the result of the ease, and would not be limited to a person who is a party to the record.’” Dobbins v. Marietta, 148 Ga. 467 (97 S. E. 439), and cit.

2. In the instant case Judge J. G. Cranford presided. After the trial the following facts were discovered by Mrs. Parks, the losing party: At the time of the trial Mrs. Mary 0. Varnedoe was a stockholder in the plaintiff bank, and had two living children by her husband, C. C. Varnedoe. C. C. Varnedoe was the uncle by consanguinity of the wife of Judge Cranford, but died before this suit was filed. Held: Judge Cranford was related to Mrs. Mary 0. Varnedoe and her children by affinity within the fourth degree, and was disqualified from presiding in the case. The case of Patterson v. Collier, 75 Ga. 419 (58 Am. R. 472), cited by counsel for the defendant in error, is distinguished, by its facts, from this case.

3. The other assignments of error are not passed upon, as they are not likely to recur on another trial of the case.

Judgment reversed.

Lulce and Bloodxvorth, JJ., concur. William, Story, J. P. Knight, for plaintiff in error. West L. Crawford, W. B. Cook, Mitch,ell <£• Reininger, contra.

Cite This Page — Counsel Stack

Bluebook (online)

150 S.E. 438, 40 Ga. App. 523, 1929 Ga. App. LEXIS 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-citizens-bank-of-valdosta-gactapp-1929.

Opinion

Related

Cite This Page — Counsel Stack