Supreme Court of New Hampshire June 15, 1872 (Stearns v. Wright)

Sargent, J.

I. At common law, the recusation of a judge does not *608affect the jurisdiction, but is merely a ground to set aside the judgment on error or appeal, except in cases of inferior tribunals where no writ of error or appeal lies. Gorrill v. Whittier, 3 N. H. 268; Cottle, apt., 5 Pick. 483; Moses v. Julian, 45 N. H. 54, and cases.