Mayo v. Beber

After a trial by jury in a malpractice action, a judgment was entered in favor of the defendant pursuant to the verdict of the jury. A motion for a new trial was made. In support of that motion, an affidavit was filed on behalf of appellant for the purpose of sustaining her contention that the trial judge had been disqualified to try the case because of the provisions of section 170, subdivision 4, of the Code of Civil Procedure. That motion, heard by a judge other than the judge who had presided at the trial, was denied. The propriety of such denial is the only question presented on this…