Barnett v. Ashmore

Citations

• 5 Wash. 163
• 31 P. 466
• 1892 Wash. LEXIS 28

Syllabus

<p>CHANGE OF VENUE—BIAS OF JUDGE — MANDAMUS — ROOMS PROVIDED BY ORDER OF COURT — REFUSAL OF AUDITOR TO DRAW WARRANT.</p> <p>Where a judge is interested financially in the result of a case, although it may not be in such a way as to render him legally responsible, and is evidently biased in favor of one of the parties, his refusal to grant an application for a change of venue is an abuse of discretion reposed in him.</p> <p>Mandamus will not lie to compel the auditor of a county to draw a warrant for the payment of expenses incurred by the sheriff in providing and furnishing rooms for the court and its officers, which had been ordered by the judge of the superior court under authority of Code Proc., §48, when it appears that the county commissioners were at the time making suitable provision therefor, and that the judge and sheriff were cognizant of the fact.</p>