State Ex Rel. La Baw, Admr., Etc. v. Sommer, J.

The relator is the plaintiff in a wrongful death case pending in the Montgomery Circuit Court of which respondent is the sole presiding Judge. The case was put at issue on April 22, 1957 and thereafter assigned for trial (by jury) on October 16, 1957. On October 14, 1957 relator (plaintiff) personally executed and filed a verified motion for change of judge, which, in addition to the statutory grounds, contained the further allegation:

“Affiant further says that this affidavit was made and filed at the first opportunity after this plaintiff discovered the bias and prejudice of said judge…