State v. Rodway

Citations

• 1 S.D. 575
• 47 N.W. 1061
• 1891 S.D. LEXIS 62

Syllabus

<p>Whereas, under Section 20, c. 78, Laws 1890, (County Court Law,) an application is made for a change of judges on account of the bias or prejudice of the presiding judge, such bias or prejudice must be made to appear “to the satisfaction of the court;” and affidavits stating merely the fact of such bias or prejudice do not necessarily prove the same “to the satisfaction of the court.” A record showing the denial of the application, upon such affidavits, exhibits no error. Following-State v. Chapman, 1 S. D. 414, 47 N. W. Rep. 411.</p> <p>(Syllabus by the court.</p> <p>Reporter: The counsel in this case referred the court to their briefs in the case of Stale v. Chapman, 1 S. D. 414, and presented no new arguments in support of their positions.</p>