Davis v. Irwin

This action was commenced in the District Court by the respondents, Davis and wife, to obtain a decree of strict foreclosure on an escrow agreement to sell real estate. The pleadings prior to the amended cross-complaint are not contained in the record ánd are not involved in this case.

March 7, 1942, appellants filed an amended cross-complaint against the respondents and at the same time filed the statutory affidavit required by subd. 4 of sec. 1-1801,1.C.A., as amended by Laws 1933, c. 218, alleging prejudice and bias of the presiding judge, and asking for a change of judges under the…