Rowland v. State

Court of Appeals of Georgia

Rowland v. State

142 S.E. 919, 38 Ga. App. 135, 1928 Ga. App. LEXIS 87

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket18760

StatusPublished

This text of 142 S.E. 919 (Rowland 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

Rowland v. State, 142 S.E. 919, 38 Ga. App. 135, 1928 Ga. App. LEXIS 87 (Ga. Ct. App. 1928).

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Opinion

Broyles, C. J.

1. A judge of one city court can preside in another city court and try therein all eases which the “home” judge is disqualified to try or providentially prevented from trying. However, the visiting judge has no authority to try a case which the “home” judge is not disqualified to try or providentially prevented from trying, unless both parties to the cause consent to such trial. Civil Code (1910), § 4828; Ga., Fla. & Ala. Ry. Co. v. Sasser, 4 Ga. App. 276 (61 S. E. 505); Baldwin v. Ragan, 6 Ga. App. 529 (65 S. E. 335); Rowland v. State, 38 Ga. App. 131 (142 S. E. 917).

2. Under the above-stated ruling and the facts of the instant case, the judge of the city court of Jesup, presiding in the city court of Baxley, had no authority to try the ease, and his refusal to disqualify himself was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

1. A judge of one city court can preside in another city court and try therein all eases which the “home” judge is disqualified to try or providentially prevented from trying. However, the visiting judge has no authority to try a case which the “home” judge is not disqualified to try or providentially prevented from trying, unless both parties to the cause consent to such trial. Civil Code (1910), § 4828; Ga., Fla. & Ala. Ry. Co. v. Sasser, 4 Ga. App. 276 (61 S. E. 505); Baldwin v. Ragan, 6 Ga. App. 529 (65 S. E. 335); Rowland v. State, 38 Ga. App. 131 (142 S. E. 917).

2. Under the above-stated ruling and the facts of the instant case, the judge of the city court of Jesup, presiding in the city court of Baxley, had no authority to try the ease, and his refusal to disqualify himself was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

142 S.E. 919, 38 Ga. App. 135, 1928 Ga. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowland-v-state-gactapp-1928.

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