State ex rel. Hart v. Call

Citations

• 41 Fla. 442

Syllabus

<p>1. The interest that will disqualify a judge under section 967, Revised Statutes, must be pecuniary, direct and immediate in the issue in question, and not remote, uncertain or speculative.</p> <p>2. Where, in a suit to enjoin the county commissioners of a county from levying a special three-mill tax voted on the property of the tax-payers of a sub-school district, alleged to exist under 'Chapter 4336, laws of 1893. the judge before whom the suit is brought is a tax-payer on real property, subject to such tax situated in the district, he is disqualified by reason of interest as defined by the statute.</p> <p>3. Section 968, Revised Statutes, declaring that no judge shall be disqualified from sitting in the trial of any cause in which a county or municipal corporation is a party, by reason of his being a resident or tax-payer within such county or municipal corporation, embraces only cases clearly within its letter and spirit, and does ■ not apply to a case where a tax-payer files a bill to enjoin the county commissioners from levying a special tax on a sub-school district, as neither a municipal corporation nor a county, as a municipal or county entity, is a party in interest in the suit.</p>