Brown v. Brown

Citations

• 103 Kan. 53
• 172 P. 1005
• 1918 Kan. LEXIS 183

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change op Venue — Disqualification of Judge — Related to Plaintiff’s Attorney■ — ‘‘Parties in Interest.’’ Where the judge of the district court is related to an attorney in the cause whose fee is to be fixed and determined by the court, the attorney is one of the “parties” in interest within the meaning of section 57 of the code of civil procedure, which provides that when the judge is related to either of the parties, the place of trial shall be changed or another district judge called in to try the cause.</p> <p>2. Same — Divorce—Judge’s Son Plaintiff’s Attorney — Judge Disqualified. In a suit for divorce, where the wife’s attorney is the son of the judge of the court and asks for an 'allowance of counsel fees, and the defendant applies for a change -of venue on the ground of the relationship between the judge and the plaintiff’s attorney, it is error to refuse to grant the application.</p>