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21 Ind. 118

Singleton v. Pidgeon

Indiana Supreme Court

Decided November 15, 1863

Indiana Supreme Court · decided 1863-11-15

<p>APPEAL from the Bartholomew Circuit Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1863-11-15

How this case has been cited

Cited by 8 later decisions — most recently March 1911

8 state decisions

30186318701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The law of Indiana provides, that in four ease.s a judge may be called in by the regular 'judge of the Court, to try causes in his stead.

R. Mill, for the appellant.S. Stansifer and Francis T. Hord, for the appellee.

¶21. Where tbe regular judge of the Court is interested, &c.

¶32. Where he is of kin to either party.

¶43. Where he is a witness in the cause.

¶54. Where there is an affidavit of prejudice. 2 G. & H. p. 154.

¶6In such cases, where the judge called in fails to appear at the time designated for the trial, or, appearing, fails to finally try the cause, the same is not discontinued, but passes to, and continues, by operation of law, upon the general docket of causes pending in said Court. A change of judge, in such ease, does not work a change of Court. The Court continues the same. Public policy requires this rule.

¶7The judgment-is reversed, with costs. 'Cause remanded, wi-th instructions to reinstate the cause upon the docket.

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