Year: 1876

JOHN HAhSLETT, Plalnun,


CHARLES HUBBARD. Defendant


This was an action commenced before John Clancy j.
p. of Atchison County Bill of particulars fled July
81, 1sI4 Summons issued set for trial July 3st
Amount claimed SIS The defendant appeared in person.
and by his attorney Hon p L. Hubbard brother the
defendant and Judge of the I'd Judicial District Ada
Wit drawn in the Judges hand writing for thirty days ad
journment, account Of the absence Of material tes
mony. August 29th came On for trial P. L. Hub
bard appearing for defendant. files remarkable off,
Judgment rendered for plaintiff for the Of s2O De-
fendant takes appeal and Charles Z. Hubbard and
p L. Hubbar bond, which is out Of deicacy
approved by the Justice and the thus removed 10
P. L. Hubbards Court for further proceedings Tran
script filed in the District Court Of Atehisou County
Nov. H. 1874 The not dOcketed for the NOvem
Der term, and went over to March, At March term,
case WAS passed. and not getting chance be called
went over the June term. At the June term II. C.
Solomon for plaintiff fled motion the case
from the District for the following lst-The
Judge interested in the result Of the suit 2d-The
Judge been Of counsel in the and wrote affidavit
for continuance. 3d-That said Judge il brother Of
the defendant To support this notion John Hsyalett
made affidavit that r. l. Hubbard interested In the
result suit; that he had been Of counsel in the
giving counsel and drawing mp application for
tinuance in the lower Courts that p L. Hubbard 4.
broth her Of defendant This affidavit concludes with
prayer for n removal Nothing appears Of record TO
show what done with this notion Judge Hubbard's
minutes written in his hand writing show that by
sent the be tried by B. p. waggener Judge
pro tenn 1t tried at the June and the
November term ls75 John elevated the sponge
omit in disgust and dismiss his case his cost
Thus s12 appeal is dispatched in the general hurry.
ing up Of business common in this Court fifteen
months after suit brought by wearing the plaintiff


SYLLABUS


l. Section u of Article Ill of the Constitution Of the
State Kansas wbish fOrbds judges Of the Supreme
and District Courts from practieing Law In any Of the
Courts this State Ii TO receive liberal construction
and extend % where District Judge ap-
pears his brother In little before Justics Of
the Peace and tries IL for him.


and is applicable only where person familiar with the
elemestay principles Of law engages in the trial Of the
case a and would have application the Judge
this Court in assisting his brother in before
Justice.


.uit or proceedings in this Court has application where
the Judge Of hfs Court upon appeal bond 10
this Court surety for his brother This Court Is
attorney within the rule. and s entirely competent
Judge Of the suhcieney u his undertaking.


Nv IL Is substantial for the District Judge
the plaintiff chance TO have Judge pro teBs have
removed The wearing Of litigious plain
til will have q wholesome effect upon plaintiffs who seek
to recover small demands by process In this Court


" Whether Judge may properly sit upon motion to
change the when he Is the sppeal bond Of hs
brother In his brothers his own Court In cause
where he has been attorney In the Court below.
no opinion - We were able % beat the plaintiff
without actually coming down TO this question.


All the Justices eoncurrng