State ex rel. Carleton v. District Court
Montana Supreme Court
Application by the state, on the relation of E. A. Carleton, for a writ of review to annul an order of Hon. Henry C. Smith, a judge of the district court of Lewis and Clark county, adjudging relator guilty of contempt. Mr. Justice Holloway dissenting.
1Dissent
Mr. Justice Holloway:
I dissent. Any attempt to give meaning to the so-called fair trial law is fraught with the greatest difficulty. The apparent effort of the legislature was to provide a method for disqualifying a trial judge by the mere imputation of bias or prejudice, and to provide for a change of venue as a final resort in every case where such affidavit of bias or prejudice is filed. This much is reasonably clear. But when — at what stage in' the course of the litigation — may the disqualifying affidavit be filed? If it can be filed after trial on the merits and while a motion for a…
2Cases cited6 opinions
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Crane v. CraneIllinois Supreme Court · 1876
- Bennett v. CareySupreme Court of Iowa · 1881
- Gilman v. DonovanSupreme Court of Iowa · 1882
- Exparte CoxSupreme Court of Missouri · 1847
1 more not listed; retrieve them via the Exa API.