Scott v. Kenyon

McCOMB, J., pro tem.

The above-entitled case was transferred to this court for the reason that the record disclosed that Mr. Justice Griffin, one of the justices who concurred in the opinion of the District Court of Appeal, had previously as a superior court judge ruled upon a demurrer filed in the action when the same was pending in the superior court. Mr. Justice Griffin was thus disqualified from participating in the cause. (Knouse v. Nimocks, 8 Cal. (2d) 482 [66 Pac. (2d) 438].)

From an examination of the evidence and the law applicable thereto we find ourselves in accord with the statement…