State Ex Rel. Burk v. Beaudoin

By this proceeding in prohibition, relator seeks to restrain respondent from sitting as the acting judge of the municipal court of South St. Paul after the filing of an affidavit of prejudice upon the trial of relator for a misdemeanor. The questions raised by the proceeding are so simple that they appear from the answers given herein without stating them.

Prohibition is the proper remedy to restrain a judge from acting in a matter where he is disqualified by an affidavit of prejudice. Payne v. Lee, 222 Minn. 269, 24 N. W. (2d) 259; State ex rel. Olson v. Schultz, 200 Minn. 363, 274 N. W. 401.

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