Gordon v. Conor

Citations

• 5 Idaho 673
• 51 P. 747
• 1897 Ida. LEXIS 65

Syllabus

<p>Disqualified Judge — Change of Venue. — When the district judge is disqualified from acting as a judge in a case pending in his court,, and a motion for a change of venue is made by either party to the action, on the ground of such disqualification, it is the duty of such judge to' grant a change of venue, and such duty is mandatory, and not discretionary.</p> <p>Peactice on Motion for Change of Venue — Judicial Discretion.— A judge who is disqualified from acting as judge on the.trial of a cause pending before the court of which he is judge, is also disqualified from acting upon any preliminary motion calling for the exercise of judicial discretion in such action.</p> <p>(Syllabus by the court.)</p>