Garvey v. Skamser

Citations

• 69 Wash. 259
• 124 P. 688
• 1912 Wash. LEXIS 887

Syllabus

<p>Venue—Change—Bias of Judge—Application—Effect—Jurisdiction. An application to transfer a cause to another judge upon an affidavit of prejudice, divests the first judge of jurisdiction to try the case on the merits, if the application is timely made.</p> <p>Judgments—Vacation—Notice. An order transferring the cause to another judge, upon an affidavit of prejudice, can only be vacated for fraud in procuring it, after a hearing and the notice required by Rem. & Bal. Code, §§ 242, 244.</p> <p>Venue—Bias of Judge—Affidavit of Prejudice—Sufficiency. An affidavit of prejudice stating that affiant “believes” the judge is prejudiced instead of stating that he “is prejudiced,” as required by statute, is sufficient where the statute gives a change of judges where the party or his attorney, “cannot, or believes that he cannot, have a fair and impartial trial.”</p>