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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)

Citation
Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)
Parent Document
Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)
Jurisdiction
Kentucky (state)
Effective Date
1929-06-14

Full Text

1,099 chars
But even if this be so, it is next insisted that Judge Hurst had no right as special judge to sign the bill of exceptions at the January term. Appellee argues that under Civil Code, sec. 334, only the regular judge or a special judge presiding over the next regular term after the term at which the case is tried has any power to sign a bill of exceptions. Without deciding whether a special judge appointed from the bar would have had the authority to sign the bill of exceptions as was done here, we are of opinion that Judge Hurst, a regular circuit judge, sitting as special judge pursuant to section 971-1 et seq. of the statutes, had such authority. Section 971-2 being part of chapter 31 of the Acts of 1926, provides for the designation of the regular circuit judges when available to act as special judges. That section in part reads: “It shall be the duty of the said circuit Judge ... to hold the court or to try the case or cases and the. circuit Judge so designated by the Chief Justice shall have all the power of the regular Judge of the court over which he is designated to preside.”