State ex rel. Nixon v. Superior Court

Citations

• 87 Wash. 603

Syllabus

<p>Venue—Change—Bias oe Judge—“Parties”—Creditors in Receivership. In an action by the state on the relation of the Attorney General, against an insolvent banking corporation, as defendant, asking for the appointment of a receiver, creditors interested in the receivership are not “parties” to the action within the meaning of 3 Rem. & Bal. Code, §§ 209-1, 209-2, providing for a change of judges in case the trial judge is prejudiced against any “party” appearing in the action; and hence are not entitled to disqualify a judge on account of bias.</p> <p>Same—Change—Bias oe Judge—Time oe Application. 3 Rem. & Bal. Code, § 209-2, authorizing a party to disqualify the judge before whom an action is pending by filing an affidavit of prejudice, contemplates that the application must be timely made; and upon an issue as to the removal of a receiver who had been appointed, an application is not timely where the creditor asking the same had previously requested the appointment of another person as receiver, and had been refused.</p> <p>Same — Change — Bias oe Judge—Collateral Proceedings. A judge may not be disqualified to try a pending receivership proceeding by an affidavit of prejudice filed in some proceeding collateral to the receivership.</p>