State ex rel. Backer v. Eighth Judicial District Court

*489OPINION

By the Court,

Merrill, J.:

This is an application for writ of mandate. It raises the question whether respondent judge, having been disqualified from sitting in a cause, properly assigned that cause to another judge. Relators contend that the assignment was improper and in violation of statute. They ask that respondent be compelled by writ to make a proper assignment in accordance with statutory requirements.

On April 21, 1954 respondent judge, sitting in a cause to which relators were parties, was disqualified by the filing by relators of an affidavit charging that respondent entertained…