Tennessee Supreme Court December 15, 1873 (Burch v. Baxter)

McFarland, J.,

delivered the opinion of the court.

The act of the Legislature of the State, approved July 8, 1870, provides that where from any cause the Judge of any court of record in this State (except the Supreme Court) fails to attend, or if in attendance, cannot properly preside in a case, the bar shall elect one of its members as special Judge, who shall preside in the place of the regular