State ex rel. Chute v. Marshall

EPITOMIZED OPINION

BY THE COURT:

Chute filed an affidavit in the common pleas court of Perry county stating that, he is the defendant in a case now pending in that court and that Hon. Thos. D. Price, judge of said court, is prejudiced against Chute and in favor of counsel for the State. The affidavit was filed with the clerk of courts of said county who notified the chief justice, but the latter refused to assign another judge to take the place of said Thos. D. Price. Chute seeks a writ of mandamus requiring the chief justice to assign another judge to preside. Held:

1. According to Sec. 3, Art.…