Hayes v. Hayes

Dissenting Opinion.

I respectfully dissent from the majority opinion in this case for the reason that I think the learned trial judge should have disqualified himself upon the filing of the so-called application for change of venue.

This litigation has had a rather hectic history. On the 16th day of April, 1949, plaintiff filed a petition for divorce, alleging, among *970other things, that his wife was guilty of infidelity and was at that time living with another man, and to the petition was attached a separation agreement, wherein the property rights of the litigants were settled. On May 9, 1949,…