State Ex Rel. Ferrera v. Sandler

TERRELL, J.:

The relators brought suit to restrain respondents from enforcing certain suspension orders against them. In the midst of the trial, the qualification of the trial judge was challenged on the ground that he was a material witness for defendants. Objections to the suggestion of disqualification were heard and the trial judge entered an order disqualifying himself to further hear the case.

The order of disqualification is challenged by mandamus to require the trial judge to proceed with the cause notwithstanding the order.

It is not alleged that the judge is prejudiced or incompetent…