State ex rel. Yraguen v. Dorroh

This is an original proceeding in mandamus to require the defendant, a circuit judge, to allow the motion of plaintiff, an attorney, for a change of judge, pursuant to ORS 14.260. We allowed an alternative *835writ of mandamus ordering defendant to withdraw or to show why he should not do so.

The answer to the alternative writ admitted the allegations of the petition for the writ, except for the allegation that plaintiff’s motion was timely filed, and alleged affirmatively (1) that the motion was not timely filed in that it was not made until after defendant had made previous rulings in the “same…