North Bloomfield Gravel Mining Co. v. Keyser

Citations

• 58 Cal. 315
• 1881 Cal. LEXIS 215

Syllabus

<p>Disqualification of Judge—Construction of Code.—The provision of § 170, Code of Civil Procedure, “that no Justice, Judge, or Justice of the Peace shall sit or act in any action or proceeding to which he is a party or in which he is interested,” should not receive a technical or strict construction, but rather one that is broad and liberal.</p> <p>Id.—Id.—Injunction.—The prohibition does not extend to eases where the interest is simply in some question or questions of law involved in the controversy, or when it is indirect and remote; but it extends to all cases where the interest of the Judge is a direct and immediate interest in the result of the action. In an action for an injunction, where the „ property of the Judge was equally subject to injury by the acts sought to be enjoined as the property of the plaintiff, and where the injunction sought would equally protect his property: Held, the Judge was disqualified.</p> <p>Id.—Id.—Prohibition.—A writ of prohibition will lie to restrain a Judge from proceeding in an action in which he is disqualified by reason of interest, although the Court over which he presides may have jurisdiction of the cause.</p> <p>Id.—Id.—Id.—Speedy and Adequate Remedy.—Held, that in the case at bar, an appeal would not be a speedy and adequate remedy.</p>