State Ex Rel. Moore v. Fourth Judicial District Court

OPINION

By the Court,

Badt, C. J.:

Relators seek a writ of mandamus directing the respondent district judge to call in the district judge of some other district to preside at the hearing and trial of an action pending before the respondent judge. The petition grows out of said respondent’s refusal to call in another judge despite the filing by relators, as parties to the pending action below, of the statutory affidavit of prejudice.

The circumstances are as follows: A. R. Sartain sued Pioneer Title Insurance Company of Nevada (made a defendant simply because of its position as escrow holder) and…