Callahan v. Callahan
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Appeal from an order granting a change of venue on the ground of the prejudice of the judge.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Appeal from an order granting a change of venue on the ground of the prejudice of the judge. Before a change of venue can be granted, or another judge called in upon the application of the moving party to try a case, by reason of the alleged prejudice of the judge of the court in which the action is pending, it must clearly and affirmatively be established by the showing upon which the motion is based, that the judge in question has such a bias or prejudice as will in all…
1Opinion of the CourtBudge, C. J.
Appellant instituted an action, in the district court for the first judicial district, in and for Shoshone *434county, for a decree of divorce from respondent. The respondent, after filling her answer and cross-complaint, made a motion for a change of venue, upon the ground that the Honorable William W. Woods, judge of said court, was disqualified, “because of the bias and prejudice of the said Judge,” and based her motion upon the records and files in the action, and upon her affidavit, in which she stated: That she had been advised by certain residents of Shoshone county and that she believed,…
2Cases cited8 opinions
- Morehouse v. MorehouseCalifornia Supreme Court · 1902
- Bell v. BellIdaho Supreme Court · 1910
- Faivre v. MandercheidSupreme Court of Iowa · 1902
- Jones v. American Central InsuranceSupreme Court of Kansas · 1910
- Keating v. KeatingCalifornia Supreme Court · 1915
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3Cited by5 opinions
- Hultner-Wallner v. FeatherstoneIdaho Supreme Court · 1929
- Bentley v. Lucky Friday Extension Mining Co.Idaho Supreme Court · 1950
- Newman v. District Court of the Tenth Judicial District ex rel. County of Nez PerceIdaho Supreme Court · 1920
- Brown v. Tamarack & Custer Consolidated Mining Co.Idaho Supreme Court · 1923
- Newman v. District Court of the Tenth Judicial District ex rel. County of Nez PerceIdaho Supreme Court · 1920