State Ex Rel. Prince v. Coors

SADLER, Chief Justice.

The question for decision is whether, one of the two resident judges of the second judicial district having been disqualified by statutory affidavit under 1941 Comp. § 19-508 from presiding in the trial of a pending cause, the other retains jurisdiction to try the same.

The decision of the question stated may determine, incidentally, the ancillary one, whether, notwithstanding our decision in State ex rel. Tittman v. McGhee, 41 N.M. 103, 64 P.2d 825, that the statute mentioned permitted only disqualification of the presiding judge of the district in which a cause is…