GALLOWAY v. MERRILL

19855.

213 Ga. 633 (1957)

100 S.E.2d 443

GALLOWAY v. MERRILL.

Supreme Court of Georgia.

Decided October 15, 1957.


Attorney(s) appearing for the Case

Chas. W. Anderson, Oze R. Horton, for plaintiff in error.

Robert D. Tisinger, Shirley C. Boykin, contra.


HAWKINS, Justice.

1. While Code (Ann.) § 24-102 provides that "No judge or justice of any court . . . shall sit in any cause or proceeding in which . . . he has presided in any inferior judicature, when his ruling or decision is the subject of review," the motion of plaintiff in error to disqualify one of the Justices of this court, because in 1937 he entered the judgment in the superior court which is pleaded as res judicata of the present proceeding, is without...

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