Lohbeck v. Lohbeck

CARMODY, Justice.

In this case, we are faced with another of the seemingly ever-recurring problems related to the disqualification of judges statute (§ 21-5-8, N.M.S.A.1953). However, on this occasion, we are also asked to consider § 21-1-1(88), N.M.S.A.1953, which is Rule 88 of the district courts, adopted May 23, 1949, to provide a means of expediting the procedure following a disqualification of a judge.

Appellee filed suit for divorce, and appellant, after answering, on May 30, 1960, disqualified all of the judges of the First Judicial District. On June 2d, counsel for appellee filed an…