Shaughnessy v. Kimball

The first assignment of error is that the court erred in overruling plaintiff’s motion for a change of judge on account of the prejudice of the presiding judge.

Referring to the bill of exceptions, we find the defendants and John Beardsley, one of the attorneys, resided in the City of Los Angeles, California, a distance from Klamath Falls, Oregon, of approximately 700 miles. On March 29, 1921, defendants received notice from the clerk that the case was set for trial April 4, 1921. At 9:30 a. m. of that day plaintiff served on defendants’ attorney a motion and affidavit of prejudice of the…