Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-06-14
VISITING JUDGES.
An Importanr Decision or the su-
preme Court or Appeals.

The Supreme Court Of Appeals recently on the
eve OF aGiourning for the term. through Judge
Lacy. delivered tho following opinion, which is
OF great importance whero county judges, under
certain circumstances, invite brother judges 70
cit for them In the trial OF causes:
Gresham rs. Rcell, judge
This Is q writ OF error 10 q judgment OF tho
Circuit Court OF Lancaster In prohibition, rem
dered May ), 1888, In vacation, refusing the writ
upon the petition OF the plaintih in error VINO
prayed for the same against judgment OF the
county Court OF Lancaster. rendered az the sep
tomber terni 1881
The case Was a contested election for the ONCE
OF CLERK a said County Court. Upon the trial
the election was declared invalid and the Office
OF clerk Of the County Court Of Lancaster de-
clnred vacant
This judgment is claimed TO be void because it
was not rendered by any person authorized 20
render such judgment
IL is conceded that tho Judge NJ that court did
not preside at the trial OF the case, although per-
sonally present.
Ii IA also conceded that the county Judge
Of another county dd preside at the said trial.
II further conceded that the said visiting Judge
went upon the bench and presided. and acted az
Judge ant rendered said judgment without any
order from the fudge Of that county entered upon
the record that no was 30 situated as 10 render II
Improper IN his Judgment for him TO decide or
preside at the trial OF the cause In question.
IL Is admitted that the law upon the subject
provides a. follows: q" II any Judge OF the County
Court be unable or fail 70 attend q regular term
o. hs court. or be prevented from sitting during
the whole term or any part thereof, or IL any
Judge of county court be 20 situated as 10 rem
der it improper IN his Judgment for him TO de-
eide or preside al tho trial OF any cause, and 10
s0 entered II record. .Or X from death or any other
cause there be no Judge OF such County Court
the Judge OF any other county court may hold
said court either for the whole term or any part
thereof" Act March IL. 1891, page 74S.
1ne principles governing the issuance OF the
writ prayed for have been set forth 10 recent
decision Of this court reported In the Southeast
ern Reporter, Volume 8, page 70. Nelins rs.
Vaughan aud cases cited and are familiar and
well understood.
II Is not pretended that the cause originally,
nor that some collateral matter arising therein
does not belong 10 that Jurisdiction. but 70 the
cognizance Of some other court The iurisdic-
tlon Of the County Courts conceded
The jurisdiction Of the court being admitted,
Il IS nevertheless claimed that the court as
organized bad no jurisdiction for any purpose
whatever; that tho supposed Judge was without
Jurisdiction IN that county. hrs jurisdiction be-
ing expressly limited by law TO some other sub
division OF the state. and that the lawful Judge
not being absent but present. and no, order
having been entered OF record that he was SC
situated as to render IL Improper in his 1uds.
ment for him 20 decide or preside at the trial oi
that case, that he exceeded his jurisdiction IN
acting "a Judge without the authority OF the law,
and the said judgment is without authority and
null and void. And this seems 10 be clearly 80.
lie was not authorized 10 cit In that court except
under certain circumstances prescribed by law,
and the laws prescript was not complied
with. Ho does not appear TO have had
any moro right 10 preside and render n
judgment In that court than any other person
there present, not the Judge Of that court A
lawyer may preside as Judge in this state In
some Of the courts upon the entry Of certain
order provided by law. but that could not be held
20 vest any lawyer with such authority, and his
rendition OF a judgment without IL would doubt
less be held q nullty.
a cOunty-c)urt judge may cit "a Judge IN a
cauee in another county when the lawfully
qualified Judge ot that county Il absent or fails
10 attend or Is situated In a prescribed way and
IL be entered II record II il only when such entry
Is made that the law gives the authority. The
jurisdiction aud authority from any other source
h merely sef-assumed.
Tho Legislature doubtless had reasons salts
factory 10 that body when this provision was in-
serted I'm the law. for the provision, "and 1t be
so entered Of record, is an amendment TO the
former law: but be that "a II may. 40 the law -
written. and see no principle which can exempt
this county Judge or this cause or these parties
from IT. operation, and the writ should be grant
cd and the order Of the Circuit Court Of Lancns-
tor reversed and anlulled and the County Court
of Lancaster prohibited from enforcing the said
Judgment. which, having been rendered without
the authority Of the law by person not autho-
rized - render such Judgment. IS In excess ot
jurisdiction. null, and void, and may be so re-
garded Whenever called In question.
Judge Lewis dissenting.
j. h. Sener. for plaintiff In error; b. Ran.
Wexford for defendant in error.