State ex rel. Giles v. French

Citations

• 102 Wash. 273
• 172 P. 1156
• 1918 Wash. LEXIS 936

Syllabus

<p>Judges—Affidavit of Prejudice—Hearing. Under. Rem. Code, § 209-1, requiring a judge, on filing an affidavit of prejudice, to “forthwith” enter an order for a change of venue, the court may, where an investigation is necessary, continue the cause until such times as the investigation may be properly made.</p> <p>Same—Disqualification—Calling in Judge. Under Rem. Code, § 209-1, requiring a judge, upon the filing of an affidavit of prejudice, to change the venue or call in a new judge, his power is not exhausted hy a single attempted exercise thereof; hut having determined to call in another judge in the court of original jurisdiction he cannot subsequently change the venue to another court.</p> <p>Judgment—Orders—Ex Parte.' After appearance hy a party, it is error to enter an ex parte order, as the statute entitles the parties to notice of all proceedings.</p>