Bates v. Swasey

• Decision Date: 23 May 1884
• Docket Number: Case No. 4969.
• Citation: Bates v. Casey, 61 Tex. 592 (Tex. 1884)
• Court: Texas Supreme Court
• Parties: F. C. BATES v. CASEY & SWASEY.

61 Tex. 592

F. C. BATES

v.CASEY & SWASEY.

Case No. 4969.

Supreme Court of Texas.

May 23, 1884.

ERROR from Mitchell. Tried below before the Hon. T. B. Wheeler.

Smith & Merrill, for plaintiff in error.

No briefs on file for defendant in error.

WILLIE, CHIEF JUSTICE.

The record does not show any service of citation upon the appellant, nor any waiver of service, nor appearance by him in the cause. Judgment was, however, taken against him by default, which was error, and will require a reversal of the judgment by this court.

This cause was transferred from the county to the district court, because the county judge was disqualified to hear and determine it. The grounds of his disqualification are not stated, nor do we think it necessary that they should be, when he recuses himself, unless they are questioned before the cause reaches this court. If a party wishes to dispute the fact that the county judge is disqualified, he can by calling it in question, either in the district or county court, have the grounds of the supposed disqualification set forth and established. Any improper ruling upon the subject could then be revised upon appeal to this court, by bringing it to our attention as in case of other errors.

But where no such question is made below, and...