Source or Prior Law:

L. 1861, ch. 22, § 6.

CASE ANNOTATIONS

1. When second judge pro tem may be selected. Davis v. Wilson, 11 Kan. 74.

2. Prejudice of regular judge ground for judge pro tem. Peyton's Appeal, 12 Kan. 398.

3. Authority unquestioned at trial cannot be questioned in supreme court. Higby v. Ayres and Martin, 14 Kan. 331, 338. Criticized: Railway Co. v. Preston, 63 Kan. 819, 831, 66 P. 1050.

4. Judge pro tem failed to take oath; judgment not void. In re Hewes, 62 Kan. 288, 62 P. 673; Chandler v. Chandler, 92 Kan. 355, 358, 140 P. 858.

5. Judge selected from another district held de facto judicial officer. Railway Co. v. Preston, 63 Kan. 819, 66 P. 1050.

6. Orders of judge pro tem made after district judge's death valid. Keys v. Keys, 83 Kan. 92, 109 P. 985.

7. Power of judge pro tem to adjourn court considered. The State v. Hargis, 84 Kan. 150, 152, 113 P. 401.

8. Selection proper when regular judge enters federal army service. The State, ex rel., v. Rea, 104 Kan. 148, 177 P. 528.

9. Statute cited in determining qualifications of supreme court judge to act. Barber County Comm'rs v. Lake State Bank, 123 Kan. 10, 14, 254 P. 401; Aetna Ins. Co. v. Travis, 124 Kan. 350, 354, 259 P. 1068.

10. Election of judge pro tem not legal after death of judge; official acts of de facto judge valid. State v. Roberts, 130 Kan. 754, 756, 288 P. 761.

11. Agreement of litigants appointing judge pro tem and fixing his compensation upheld. McCleery v. McCleery Lbr. Co., 140 Kan. 117, 121, 33 P.2d 1112.

12. Trial judge cousin of plaintiff's mother; not disqualified to sit. Thompson v. Barnette, 170 Kan. 384, 391, 227 P.2d 120.

13. Refusal to grant petition for own disqualification held error. In re Estate of Hupp, 178 Kan. 672, 676, 291 P.2d 428.

14. Election of judge pro tem improper procedure when venue changed. Standard Oil Co. v. Clements, 182 Kan. 63, 64, 66, 69, 318 P.2d 1023.

15. Divorce action; application to disqualify trial judge properly denied by him. Leverenz v. Leverenz, 183 Kan. 79, 84, 325 P.2d 354.

16. K.S.A. 20-305 cited; denial of motion for appointment of judge pro tem hereunder reviewed; K.S.A. 20-311 applied; motion untimely. State v. Ames, 222 Kan. 88, 96, 97, 563 P.2d 1034.