State Ex Rel. Lane v. DISTRICT CT. OF FOURTH JD

This is an original proceeding wherein the relator seeks a writ of mandamus to direct the district court and the judge thereof, the Honorable E. Gardiner Brownlee, of the fourth judicial district, Missoula County, to call in a district judge to preside and to prohibit the respondent judge from presiding in further matters in Missoula County cause No. 40723, Lane v. New York Life Insurance Company.

Relator, as plaintiff, filed an affidavit of disqualification of the respondent judge. Judge Brownlee made an order quashing the affidavit and set the case for trial. In the order quashing the…