Legal Opinion

Bell v. Bell

Idaho Supreme Court

Decided November 17, 1910PublishedCited by 18 opinions

APPEAL from the District Court of the Second Judicial District, in and for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Appeal from an order granting a change of the plaee of trial on the grounds of the prejudice of the judge.

Read the full summary

APPEAL from the District Court of the Second Judicial District, in and for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Appeal from an order granting a change of the plaee of trial on the grounds of the prejudice of the judge. Except under statutes expressly authorizing change of venue upon the filing of an affidavit by a party that he believes he cannot have a fair trial on account of the bias or prejudice of the judge, or some like provision, an affidavit of belief merely is insufficient. An apprehension of a party that a judge is prejudiced against him is not sufficient for a…

1Opinion of the CourtAilshie, J.

This is an appeal from an order granting a change of venue. Prior to the time the ease was called for trial, the defendant filed an affidavit as follows:

“M. Alberta Bell, being first duly sworn on oath, deposes and says that she is the defendant named in the above-entitled action, and has good reason to believe, and does believe, that she cannot have a fair and impartial trial in such action in said court on account of the prejudice of the judge thereof, the Hon. Edgar C. Steele; and the defendant makes this affidavit for the purpose of, and in support of, a motion for a change of the place…

2Cases cited5 opinions

  1. Day v. DayIdaho Supreme Court · 1906
  2. State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
  3. Ex Parte EllisCourt of Criminal Appeals of Oklahoma · 1909
  4. Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
  5. Bell v. BellIdaho Supreme Court · 1908

3Cited by18 opinions

  1. State v. PizzutoIdaho Supreme Court · 1991
  2. State v. LankfordIdaho Supreme Court · 1989
  3. State v. BitzIdaho Supreme Court · 1969
  4. McEwen v. Occidental Life Insurance Co.California Supreme Court · 1916
  5. Hall v. WhittierIdaho Supreme Court · 1911

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API