State ex rel. Wulle v. Dirlam

Citations

• 18 Ohio C.C. Dec. 69
• 7 Ohio C.C. (n.s.) 457

Syllabus

<p>BIAS OR PREJUDICE — COURTS.</p> <p>Donahue, McCarty and Taggart, JJ.</p> <p>1. Revised Statutes 550 (Lan. 876) as to Affidavits of Bias ok Prejudice, is CONSTITUTIONAL.</p> <p>Revised Statutes 550 .(Lan. 876), providing for the filing, in certain cases, of affidavits of bias or prejudice against common pleas judges is not an attempt on. the part of the legislature to abridge the powers and functions of a co-ordinate branch of the government, and, is not, therefore, unconstitutional.</p> <p>2. Mandamus and Injunction will Lie to Restrain Hearing of Case by Judge after Affidavit of Prejudice Filed, if he Signifies Intention to Hear Same.</p> <p>The effect of the filing of an affidavit of bias or prejudice under Rev. Stat. 550 (Lan. 876), is to disqualify a common pleas judge from presiding at the trial of that cause, and his statement in open court that it is his purpose so to do, irrespective of the affidavit, will be sufficient ■ grounds for mandamus and injunction.</p> <p>[Syllabus approved by the court.]</p>