Newman v. District Court of the Tenth Judicial District ex rel. County of Nez Perce
Idaho Supreme Court
Original proceeding for writ of mandate. “When a motion for change of venue, on the ground of the bias and prejudice of the trial judge, is supported by sufficient showing, it is the duty of such judge to grant a change of venue and such duty is mandatory and not discretionary.”
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Original proceeding for writ of mandate. “When a motion for change of venue, on the ground of the bias and prejudice of the trial judge, is supported by sufficient showing, it is the duty of such judge to grant a change of venue and such duty is mandatory and not discretionary.” (Callahan v. Callahan, 30 Ida. 431, 436, 165 Pac. 1122; Gordon v. Conor, 5 Ida. 673, 51 Pac. 747.) To allow the order of the judge, finding and adjudging himself disqualified, to be attacked by anyone in this case as not being justified by the showing that was before him would clearly be a collateral attack and would…
1Opinion of the CourtBudge, J.
This is an original proceeding for a writ of mandate to require the Honorable AYallace N. Scales, as judge of the district court of the tenth judicial district for Nez Perce county, to grant a motion for a change of venue. The motion was made on the ground of implied bias of the judge. Before ruling upon the motion, and at the request of the judge, the defendant in the action below filed a petition, for an application to the Governor to call in another judge to try the case, whereupon the following order was made:
“Now, therefore, the judge of the above-entitled court hereby finds and adjudges…
2Cases cited11 opinions
- Holtum v. GriefCalifornia Supreme Court · 1904
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
- Crook v. Newborg & SonSupreme Court of Alabama · 1899
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853
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3Cited by4 opinions
- Poff v. ScalesIdaho Supreme Court · 1923
- Pond v. BabcockIdaho Supreme Court · 1931
- Spencer v. EnsignIdaho Supreme Court · 1921
- Brown v. Tamarack & Custer Consolidated Mining Co.Idaho Supreme Court · 1923