Thompson v. Smith

Court for the Trial of Impeachments and Correction of Errors

Decided September 15, 1845

Court for the Trial of Impeachments and Correction of Errors · decided 1845-09-15

Motion by the defendant in error to quash a writ of error. The cause originated in a justice’s court, but was removed to the common pleas of Franklin county by appeal, where Smith had judgment in his favor. Smith was first judge of that county. A certificate was granted by one of the associate judges, who was present at the trial, under the act of 1836, (p. 794,) stating that in his opinion it was a proper case to be carried to the supreme court.

Decided 1845-09-15

Beardsley, J.

¶1denied the motion; holding that for the purpose of this question, there was no first judge of the county; the individual who filled that office being a party to the suit, and therefore wholly incompetent to act as judge in the case.(a)

¶2Motion denied.

¶3The language of t,he statute is: “ The first judge of such court of common pleas, or if there béMfi.first judge, or he shall be absent from his county, then any other judge of such court who was present at the trial or hearing of such cause, may, in his discretion, on application of either party aggrieved by such judgment, at any time within thirty days after the record of judgment shall have been filed, grant a certificate,” &c.