People ex rel. Flagley v. Hubbard

On petition for rehearing Crocker, J. delivered the following opinion—Cope, C. J. and Hortoit, J. concurring.

In the petition for a rehearing in this case, it is urged that the Justice had no discretion under the statute, and that it was his duty to proceed to try the case ; but no reason is given for this position. Section 582 of the Practice Act provides that u if either party make affidavit that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before such Justice, by reason of the interest, prejudice, or bias of the Justice, the action shall be…