Vine v. Jones

Citations

• 13 S.D. 54
• 82 N.W. 82
• 1900 S.D. LEXIS 90

Syllabus

<p>1. Laws 1890, Chap. 78, § 17, provides that whenever the county judge in any probate proceeding is related within the fourth degi’ee to any person interested, the fact shall be certified to the circuit court of the county. Section 18 provides that on the filing of a copy of the certificate in the circuit court it shall have jurisdiction of the estate, and may make all orders that might have been made in the county court. Held, that on the presentation of an application to the circuit court, showing that a son of the county judge was interested in a probate proceeding before him, it was error to refuse a mandamus by which it might acquire jurisdiction to determine the existence of such disqualification.</p> <p>2. Under Const. Art, 5, §2, conferring on the supreme court a general superintending control over all inferior court0, such court will grant a mandamus compelling a circuit court to receive an application to take jurisdiction to determine the existence of an alleged disqualification of a county judge in a probate proceeding.</p> <p>3. Under Laws 1890, Chap. 78, § 17, providing that a county judge shall be disqualified in any probate proceeding whenever he is related within the fourth degree to any person interested, a judge is disqualified where his son is prosecuting a proceeding before the court, and his compensation is dependent on the success of the litigation. Puller, P. J., dissenting.</p>