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.”
Read the full summary
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…
1Dissent
MORGAN, C. J.,
Dissenting. — An appeal to this court from an order of a district court granting or refusing to grant a change of place of trial is allowed by C. S., sec. 7152. That remedy is plain — it is expressly provided for by statute; it is speedy- — an appeal may be perfected immediately upon the filing of the order; it is adequate — C. S., sec. 6446 provides: “The court may reverse, affirm or modify any order or judgment appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further -proceedings to be had.”
C. S., sec. 7255, contains the…
2Cases cited13 opinions
- State v. Fong LoonIdaho Supreme Court · 1916
- Day v. DayIdaho Supreme Court · 1906
- Olden v. PaxtonIdaho Supreme Court · 1915
- Beem v. DavisIdaho Supreme Court · 1918
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
8 more not listed; retrieve them via the Exa API.