Cord v. Second Judicial District Court of the State of Nevada

OPINION

The sole question in this original proceeding in mandamus is whether an affidavit of prejudice, timely filed pursuant to the provisions of NRS 1.230(5), is applicable to contested proceedings in probate.

Petitioner, seeking to challenge an application for a confirmation of a sale of real property, filed an affidavit of prejudice against respondent judge. On motion, the judge ordered the affidavit stricken because, he reasoned, under the decision of this court in State Ex Rel. Germain v. District Court, 56 Nev. 331, 51 P.2d 219 (1935), an affidavit of prejudice, timely filed pursuant to…