State ex rel. Hannebohl v. Superior Court

Citations

• 85 Wash. 663

Syllabus

<p>Venue — Change—Prejudice of Judge — Motion — Jurisdiction of Court. Under 3 Rem. & Bal. Code, § 209-2, authorizing change of judge for prejudice, the filing of a motion for change of judge, accompanied by an affidavit of prejudice, divests the lower court of jurisdiction to further proceed in the action, although made in connection with defendant’s first appearance in the action.</p> <p>Appearance — Demurrer Operating As. Where a defendant files a demurrer after the time for appearance has expired, but before any rule has been entered against him, the filing of the demurrer constitutes an appearance, and hence leave of court therefor would be unnecessary.</p>