State ex rel. Lovell v. Weiss

This is a contested attempt to recuse a circuit judge. One Lovell was convicted in the District Court for Lincoln County and fined $20 foi “angling with more than one line.” He appealed to the circuit court. Counsel accompanied the documents on appeal with a motion for a change of judge, supported by counsel’s affidavit of prejudice. The circuit judge denied the motion and set the.appeal for trial. We allowed an alternative writ of mandamus ordering the judge to withdraw from the case or to show cause why he should not withdraw.

The answer to the alternative writ- tenders two issues: (1)…