“It has been the accepted feeling among the Bar down through the years that even though these different county No. 06-6499 United States of America v. Daniel Franklin Page 19 judges and inferior courts that operate in counties are given jurisdiction over certain State matters, that unless the Legislature has determined to make them a State court they still, under the Act creating them, are primarily a local court, the need for which is largely left to a vote of the people in the local county.”
How later courts described this case
- “It has been the accepted feeling among the Bar down through the years that even though these different county No. 06-6499 United States of America v. Daniel Franklin Page 19 judges and inferior courts that operate in counties are given jurisdiction over certain State matters, that unless the Legislature has determined to make them a State court they still, under the Act creating them, are primarily a local court, the need for which is largely left to a vote of the people in the local county.”
- “It has been the accepted feeling among the Bar down through the years that even though these different county judges and inferior courts that operate in counties are given jurisdiction over certain State matters, that unless the Legislature has determined to make them a State court they still, under the Act creating them, are primarily a local court, the need for which is largely left to a vote of the people in the local county.”
Written by the judges who cited it.
The opinion
*457 On Petition to Rehear
The appellants have filed a courteous and dignified petition to rehear, wherein for the first time the question is raised, under certain statutes as set out in this petition, as to whether or not the salary of the judge in question may be increased.
This question did not arise and was not presented to the Chancellor in the lower court and was not, of course, passed on by us in our original opinion. We fln'uh the question now presented for the first time by this petition to rehear must he overruled as the only question involved in this lawsuit, and the determinative question, was fully covered by the original opinion.
Thus it is that the petition to rehear is overruled.