First National Bank v. McGuire

Citations

• 12 S.D. 226
• 47 L.R.A. 413
• 80 N.W. 1074
• 1899 S.D. LEXIS 106

Syllabus

<p>1. An application to set a cause down for trial before some other judge, on account of the interest of the first judge, and the order denying the application, are papers “involving the merits and necessarily affecting the judgment,” within Comp. Laws, § 5013, constituting such papers a part of the judgment roll.</p> <p>2. A judge whose wife is a stockholder in a corporation is disqualified to try a cause in which the corporation is interested.</p> <p>3. Where a judge is disqualified by interest to try a cause, a party does not waive his right to object to the judge taking jurisdiction by asking for affirmative relief, since the disqualification is jurisdictional.</p>