State Ex Rel. Kline v. Eighth Judicial District Court

OPINION

By the Court,

Badt, J.:

Relator’s petition presents the questions (1) of the timeliness of the filing of an affidavit of prejudice under our statute, (2) the sufficiency of the affidavit, and (3) the question of implied waiver of the right to insist upon the disqualification.

Section 8407, N.C.L.1931-1941 Supp., under whose provisions the matter must be determined, reads in part as follows:

“A judge shall not act as such in an action or proceeding: * * *.

“Fifth, if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is…