Taylor v. Nelson

While a number of exceptions were saved during the trial, but two assignments are here for our disposition.. By assignment number one, defendant asserts that the court erred in denying his motion to disqualify the trial judge. This assignment is based upon section 1-405, Oregon Code 1930, which reads:

“No judge * * * shall sit to hear or try any suit, action or proceeding when it shall be established, as hereinafter provided, that such judge is prejudiced against any party or attorney, or the interest of any party or attorney appearing in such cause. In such case the presiding judge shall…