Judges: BUFORD, C.J. —
Attorneys: Oxford Cutts, for Appellants;
Hampton Greene, for Appellee.
Filed: Aug. 03, 1931
Latest Update: Mar. 02, 2020
Summary: The appeal here is from final decree. Suit was filed in the Circuit Court of Marion County, wherein W. M. Davidson was complainant and Frank W. Kells and wife, Rosa C. Kells, Growers Loan Guaranty Company, a corporation, and Raymond B. Bullock, were defendants. The first order made in the case was on June 17th, 1929, which order was made by the Honorable W. S. Bullock, recusing himself as being disqualified to officiate as Judge because of the fact that Raymond B. Bullock, one of the defendants,
Summary: The appeal here is from final decree. Suit was filed in the Circuit Court of Marion County, wherein W. M. Davidson was complainant and Frank W. Kells and wife, Rosa C. Kells, Growers Loan Guaranty Company, a corporation, and Raymond B. Bullock, were defendants. The first order made in the case was on June 17th, 1929, which order was made by the Honorable W. S. Bullock, recusing himself as being disqualified to officiate as Judge because of the fact that Raymond B. Bullock, one of the defendants, ..
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It appears that Judge Bullock's brother was made a party defendant because he held a judgment which was a lien on the property. Judge Bullock for that reason very probably declared himself disqualified, and the case was referred to Judge Stringer. Later Judge Bullock's brother died and the judgment which he had held was paid to his executrix and the case was dismissed as to said brother. Judge Stringer, on motion, then made the order quoted in the opinion, and the case proceeded before Judge Bullock without objection. I cannot see that any ground for reversal on this point appears. Judge Bullock took no further action in the case until the ground of disqualification had been removed. That he acted in perfect good faith is not questioned.
