Crowley, Milner & Co. v. MacOmb Circuit Judge

I think plaintiffs entitled to the writ of prohibition. Judge Webster is not disqualified, and, if he were, defendant circuit judge would have no jurisdiction in the premises. The rule disqualifying a judge, whether statutory or common law, is predicated upon public policy, and, if prejudice or bias is the reason alleged, there must be prejudice or bias in fact. Such prejudice or bias can never be based solely upon a decision in the due course of judicial proceedings. This is well illustrated in State, ex rel. Timothy, v. Howse, 134 Tenn. 67,75 (183 S.W. 510). The court there stated:

"The…