State ex rel. Colcord v. Young

Citations

• 31 Fla. 594

Syllabus

<p>1. Where a judge has decided that he is disqualified to hear a case, and- has made an order refusing to hear the same on that account, mandamus is the proper remedy to require him to hear it, if it be that he is not disqualified to do so. State vs. Van Ness, 15 Fla., 317, reversed.</p> <p>2. A circuit judge who is a member of the vestry of a church, whose wardens and vestrymen have been incorporated, and by the terms of the incorporating act are invested with all property, including gifts, donations- and grants, to hold the same for the benefit and behoof of the church, with power to sue and use all necessary measures for recovering and defending any and all property which the church may claim or demand, Is disqualified, by interest, to sit in a cause involving the probate of a will, in which will the rector, wardens and vestry of the church are beneficiaries; such rector, wardens and vestrymen, claiming corporate powers under the stated statute, and being a party to the cause.</p>