Tumbleson v. Noble

This is an appeal on questions of law from a judgment of the Common Pleas Court of Payette County, dismissing plaintiff’s action for damages for want of prosecution. The error assigned is that the judgment is contrary to law.

The plaintiff-appellant filed his petition on October 9, 1956, and immediately obtained personal service on the defendantappellee. On March 16, 1957, J. Harvey Crow, then counsel for the plaintiff, filed in the cause an affidavit of prejudice against the trial judge. On March 18, 1957, the trial judge, on his own motion, filed an entry in which he stated that under the…