State Ex Rel. Beach v. Fifth Judicial District Court

OPINION

On March 25, 1931, our legislature approved an act entitled “An Act to amend an act entitled ‘An act concerning the courts of justice of this state and judicial officers/ approved January 26, 1865, as amended, by amending section 45 thereof and by adding two additional sections to said act, to be knówn as sections 45a and 45b.” Stats. 1931, p. 247, c. 153.

The amended portion of section 45 reads as follows:

“A judge shall not act as such in an action or proceeding : * * *

“Fifth, if either party to a civil action in the district court or his or its attorney or agent shall file an…