Previous | Next

§ 20.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 57; eliminated by revision, L. 1972, ch. 392, § 1; November 7, 1972.

Revisor's Note:

Prior to 1972 revision, this section related to selection of judges pro tem of the district court.

CASE ANNOTATIONS

1. Judge pro tem ordered instead of change of venue, error. Kansas Pacific Rly. Co. v. Reynolds, 8 Kan. 623, 628, 630.

2. Defendant entitled to judge pro tem when regular judge is prejudiced. Peyton's Appeal, 12 Kan. 398, 408.

3. Objection to judge pro tem must be raised at trial. Higby v. Ayres and Martin, 14 Kan. 331, 338. Criticized: Railway Co. v. Preston, 63 Kan. 819, 831, 66 P. 1050.

4. Power of judge pro tem to adjourn court considered. The State v. Palmer, 40 Kan. 474, 478, 20 P. 270.

5. Judge pro tem from another district held de facto judge. Railway Co. v. Preston, 63 Kan. 819, 66 P. 1050.

6. Section cited in considering power of governor to appoint judge. The State v. Andrews, 64 Kan. 474, 497, 67 P. 870.

7. Legislature may provide for more than one judge in district. The State v. Hutchings, 79 Kan. 191, 199, 98 P. 797.

8. Judge pro tem may be selected by agreement of parties. Chandler v. Chandler, 92 Kan. 355, 357, 140 P. 858.

9. Judge in military service; office not surrendered; judge pro tem. The State, ex rel., v. Rea, 104 Kan. 148, 151, 177 P. 528.

10. Cited in holding conservancy act void. Verdigris Conservancy District v. Objectors, 131 Kan. 214, 217, 289 P. 966.