Krumdick v. Crump

Citations

• 98 Cal. 117
• 32 P. 800
• 1893 Cal. LEXIS 869

Syllabus

<p>Change of Place of Tbial—Duty of Disqualified Judge. — Under section 398 of the Code of Civil Procedure, it is the duty of a judge before whom an action is pending, and who is disqualified from acting as such, to transfer the cause without delay to some other court where the like disqualification does not exist.</p> <p>Id.—Disqualification of Judge as Attorney—Counter-Showing—Convenience of Witnesses—Calling en of Another Judge—Mandamus. — Where the uncontradicted affidavits in support of a motion to change the place of trial of an action, for disqualification of the judge, show that the judge had been the attorney for the opposing party in the action, it is the duty of the judge, who knows of his own disqualification, to grant the motion without delay, and without entertaining any counter-motion calling for the exercise of judicial discretion, and he is not justified in refusing or neglecting to act on the motion merely because the opposing party files an affidavit tending to show that the convenience of witnesses requires the retention of the case and the calling in of another judge to try it; and where the judge refuses or neglects to grant the motion, a peremptory writ of mandate will be issued by the appellate court commanding him to grant it.</p>