State ex rel. Parsons v. Rea

Citations

• 104 Kan. 148
• 177 P. 528
• 1919 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>District Judge — Entering Service of United States — Judicial Office Not Surrendered — Judge pro tem. Properly Selected. Where a judge of the district court who has entered the service of the United States as an army officer in time of war, does not resign and surrender his judgeship, but continues to exercise, in part, the functions of his judicial office, the question whether his entrance into federal service has the effect of forfeiting his right to the judicial office can only be determined in some appropriate proceeding brought directly against him, and cannot be determined in an action challenging the right of another person to exercise the judicial powers of a judge pro tempore during the absence of the regular presiding judge, when such judge pro tempore was lawfully chosen in conformity with the statutes.</p>