477.020. Majority decision--special judge appointed, when and by whom.
Majority decision--special judge appointed, when and by whom.
477.020. The decision of the majority of the judges of thesupreme court or of any district of the court of appeals shall bethe decision of the court, but if in any case the judges shall beequally divided in opinion, the parties to the cause may agreeupon some person learned in the law, who shall act as specialjudge in the cause, and who shall sit therein with the court, andgive decision in the same manner and with the same effect as oneof the judges; and such agreement shall be in writing, signed bythe parties or their attorneys of record, and filed with thepapers and form a part of the record in the cause. If theparties cannot agree upon a special judge, the court shallappoint, by an order of record, some person possessing thequalifications aforesaid, to act as such special judge.
(RSMo 1939 § 1232, A.L. 1943 p. 353 § 140A, A.L. 1973 S.B. 263)Prior revisions: 1929 § 1066; 1919 § 1517; 1909 § 2086