Phy v. Allen

The defendant assigns error of the trial court in denying his application for a change of judges. The affidavit of prejudice is not brought into the record by a bill of exceptions in conformity to the requirement of the opinion in Shaughnessy v. Kimble, 106 Or. 484, 487 (212 Pac. 483, 213 Pac. 135). The affidavit is not authenticated in any manner by the trial judge, or otherwise, except by being contained in the abstract of record.

Passing this question, the affidavit of prejudice was filed, or was claimed to be filed, by the defendant after the trial judge had ruled upon the demurrer and…