State Ex Rel. Shufeldt v. Armijo

ZINN, Justice.

This is an original proceeding in prohibition. Relator seeks to prohibit respondent from proceeding in a pending cause as presiding judge of the Fourth judicial district. An affidavit was filed pursuant to Laws 1933, c. 184, disqualifying respondent. Subsequent to the filing of the affidavit, the respondent entered an order declining to disqualify.

To our alternative writ and order to show cause, the respondent filed his response. Respondent contends that he has not been disqualified by the filing of the affidavit by relator. Respondent’s contention is that said affidavit was not…