Jaeckels v. Hertzfeld

The appellants’ first contention is that upon the filing of the affidavit of prejudice by Paulina on January 19, 1953, Judge Scheller lost all jurisdiction, wherefore his subsequent orders are void. Sec. 253.07 (1) (b), Stats., states that the prejudiced judge “shall thereupon be disqualified to act in relation to that matter;” (c) directs him to request another judge to hold court to decide such matter; (d) provides that the person who files such affidavit of prejudice without five days’ notice to the adverse party prior to the hearing may be ordered by the court “to immediately pay to the…