In Re Woodside-Florence Irr. Dist.

THE HON. BENJAMIN E. BERG, DISTRICT JUDGE,

(sitting in place of Mr. Justice Metcalf, disqualified, dissenting:

I agree with the elementary principles of law stated in the majority opinion, but do not agree that they are applicable to the question before the court, or that the authorities cited support the conclusions reached, namely, that a party filing a disqualifying affidavit under the provisions of subsection 4 of section 8868, Revised Codes of Montana 1935, may not waive the disqualification and by withdrawal of the affidavit remove the disqualification,

The opinion is predicated upon the…