Legal Opinion
De La Guerra v. Burton
California Supreme Court
Decided July 1, 1863PublishedCited by 1 opinion
Appeal from the District Court, Second Judicial District, Santa Barbara County. Burton, the defendant, moved to change the place of trial on the ground that De La Guerra, the plaintiff, and Joaquin Carillo, the District Judge, were first cousins, and therefore within the third degree of consanguinity. The motion was denied and defendant appealed.
1Opinion of the CourtCope, C. J.
It appears in this case, that the Judge who tried it is related to the plaintiff within the third degree of consanguinity. He was, therefore, incompetent to try it; and the judgment is reversed and the cause remanded for a new trial.
2Cited by1 opinion
- People ex rel. Carrillo v. De la GuerraCalifornia Supreme Court · 1864