Slaven v. Wheeler

Citations

• 58 Tex. 23
• 1882 Tex. LEXIS 203

Syllabus

<p>1. Disqualification of judge.—The constitutional provision disqualifying one from sitting as a judge in a “ case ” where he shall have been of counsel, does not limit his disqualification to a case pending at the time his services as counsel were invoked.</p> <p>2. Same.— If an attorney has been consulted as such, and has given advice as to a matter in dispute, which afterwards results in a suit, between the parties at variance, he cannot sit as a judge in that case, even though he charged no fee for his advice.</p> <p>3. Same — Practice.— An issue as to the disqualification of a judge to sit as such in a cause pending in his court, should be tried and determined by him, and the facts in evidence on the issue should be incorporated in the record on appeal.</p> <p>4. Same — Evidence.— The statements of the judge on the trial of such an issue should be made under oath, unless the same be waived by the parties litigant.</p> <p>5. Same — Bill of f.xceptions — On appeal from the judgment of the court, on an issue involving the disqualification of the judge, his statement appended to a bill of exceptions, relating to facts occurring before the institution of the suit, cannot be regarded.</p> <p>6. Same — Fact case.— See statement of case and opinion for facts held sufficient to reverse the judgment of a district judge who had held that he was not disqualified from trying a cause.</p>