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17-2-101 - Grounds of incompetency.

17-2-101. Grounds of incompetency.

No judge or chancellor shall be competent, except by consent of all parties, to sit in the following cases:

     (1)  Where the judge or chancellor is interested in the event of any cause;

     (2)  Where the judge or chancellor is connected with either party, by affinity or consanguinity, within the sixth degree, computing by the civil law;

     (3)  Where the judge or chancellor has been of counsel in the cause;

     (4)  Where the judge or chancellor has presided on the trial in an inferior court; or

     (5)  In criminal cases for felony, where the person upon whom, or upon whose property, the felony has been committed, is connected with the judge or chancellor by affinity or consanguinity within the sixth degree, computing by the civil law.

[Code 1858, § 3913 (deriv. Acts 1825, ch. 54, § 2; 1835-1836, ch. 68, § 1; 1843-1844, ch. 25, § 1); Shan., § 5706; Code 1932, § 9892; T.C.A. (orig. ed.), § 17-201.]  

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