Callaham v. Childers

This is an original proceeding wherein petitioner seeks a writ of mandamus requiring the respondent district judge to certify his disqualification in a case pending in respondent’s court wherein petitioner’s wife is plaintiff and petitioner is defendant. That case involves divorce and the distribution of between thirty and fifty thousand dollars worth of property.

Petitioner first filed his affidavit and application for disqualification, in the district court, as required by law. He charged that the attorney for plaintiff therein was the judge’s son, and had been retained by plaintiff on a…