McColgan v. Lineker

GILBERT, Circuit Judge.

On January 22, on the trial of a suit of the appellees against the appellants herein, the latter interposed a defensive plea of res judicata. Argument was had on the plea on January 24, 1922. At the close of the argument certain comments upon the case were made by the trial judge, which were made the basis of an affidavit of personal bias and prejudice against the judge, and a motion that another judge be designated to try the case under the provisions of section 20 of the Judicial Code (Comp. St. § 987). But the affidavit and motion were not filed until March 16, 1922,…