Upton v. Upton

Citations

• 94 Cal. 26
• 29 P. 411
• 1892 Cal. LEXIS 629

Syllabus

<p>Change of Place of Tbial—Disqualification of Judge —Qualified Judge Called to Act. —Though it is the duty of a superior judge who is disqualified to try an action for any cause to grant a motion to change the place of trial if he entertains the motion in the absence of any other superior judge who is qualified to act, yet if the superior judge who is holding the court at the time the motion is heard, and wh0 calls it for hearing, is qualified to try the case, and is ready and willing to try it, having been called in for that purpose by the judge who is disqualified, the motion should be denied.</p>