Gresham v. Ewell
Citations
- 85 Va. 1
- 6 S.E. 700
- 1888 Va. LEXIS 1
Syllabus
<p>1. Jurisdiction&emdash;Visiting Judge&emdash;Record.&emdash;When the county judge is shown by the record to be unable to preside by reason of absence, inability, or improper situation, as respects the case, the judge of another county may hold the term, or any part of it. Acts 1884, p. 748, (| 3049, Code 1887.)</p> <p>2. Prohibition&emdash;Case at Bar.&emdash;County judge of one county presided at trial of a cause in another county without entering upon record that the regular judge (personally present) was, -in his opinion, so situated as to make it improper for him to preside:</p> <p>Held :</p> <p>The judgment is void, and its enforcement should be restrained by a writ of prohibition.</p>
Judges: Lacy, Lewis
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