Gulf, Colorado & Santa Fe Railway Co. v. Looney

KEY, Associate Justice.

We sustain the first assignment of error which presents the question of the disqualification of the trial judge on account of his relationship to the plaintiff. The question was not raised until after the ease had been decided, and appellant moved for a new trial, but that is immaterial, because, if the judge was disqualified, it was not too late to raise the question in that manner. There is a properly authenticated statement of facts in the record relating to the hearing of the motion for new trial, by which it appears that it was shown without controversy that the…