Santa Cruz Bank of Savings v. Taylor

Citations

• 125 Cal. 249
• 57 P. 987
• 1899 Cal. LEXIS 838

Syllabus

<p>Action to Foreclose Mortgage—Change oe Place oe Trial-Disqualification of Judge—Denial of Motion by Successor.—The ruling upon a motion to change the place of trial of an action to foreclose a mortgage on the ground of the disqualification of the judge, which was taken under advisement by the disqualified judge, and never passed upon, and was again called up for hearing before his successor, who was qualified to try the case, is to be tested by the conditions existing when the motion is passed upon, and the qualified judge may properly deny the motion.</p> <p>Id.—Duty op Judge—Jurisdiction op Court.—The mere fact that the disqualified judge had no discretion, and could not have retained the case, or have called in another judge, did not deprive the court of jurisdiction of the action to foreclose the mortgage which was not in fact removed;and when the judge of that court became qualified to try the action, before the motion to change the place of trial was passed upon, there was no longer any foundation for the motion, and it was the duty of the qualified judge to retain the case.</p>