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Allison v. Daugherty

Supreme Court of Iowa

March 10, 1942

ALLISON
v.
DAUGHERTY et al., Judges.

L. R. Carson and H. S. Life, both of Oskaloosa, for petitioner.

Wm. M. Spencer, of Oskaloosa, for respondents.

BLISS, Chief Justice.

On October 18, 1941, the writ was issued upon the order of this court, and the return was made, and filed in the office of the clerk of this court on November 14, 1941. The matter comes before us on the return and the petitioner's abstract, but without argument by either petitioner or respondents.

It appears that, upon application made for the appointment of a judge from another district to hear and determine a cause entitled "Carson, Executor v. Franklin," pending in the District Court of Mahaska County, of the Sixth Judicial District of Iowa, the Honorable Oscar Hale, then Chief Justice of this court, on March 29, 1941, made the following order: "[231 Iowa 956] It is hereby ordered that the Honorable Elmer K. Daugherty, one of the judges of the District Court in and for the Second Judicial District of Iowa, be and hereby is assigned to hold said Court from April 7, 1941 to such time as may be necessary to hear and determine said cause." This appointment was made under section 10784 of the 1939 Code of Iowa.

On March 31, 1941, the Honorable Frank Bechly, one of the judges of the Sixth Judicial District of Iowa, before going to Bloomfield to hold court for Judge Daugherty in the District Court of Davis County, in the Second Judicial District of Iowa, in a letter to the latter giving information as to the action of "Carson, Executor v. Franklin," stated: "While you are here (Mahaska District Court) you had just as well take care of any routine matters that come up in this Court. I don't know whether the order provided for that or not, but if any, then you can do that under the exchange of Judges Rule in force in Iowa, and this will be your authority so far as the ...


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