(Download) "State Ex Rel. Johnston v. Dist. Ct. of Platte Co." by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Johnston v. Dist. Ct. of Platte Co.
- Author : Supreme Court of Wyoming
- Release Date : January 29, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
After plaintiff corporations, which filed complaint for an injunction concerning a road matter in district court, had introduced
evidence and participated in a rather extensive hearing to secure preliminary injunction, and the court had ruled both orally
and in writing denying the temporary relief, they filed motion for change of judge. When the motion was denied, the majority
stockholder of the corporations filed a petition in this court asking for writ of mandamus requiring the district judge to
forthwith call in another judge (or alternatively a writ of prohibition ordering the judge to refrain from further proceedings). Relator urges that under the provisions of 1-53, W.S. 1957, and Rule 40.1(b), W.R.C.P., when a party files an
affidavit stating he believes that on account of the bias or prejudice of the presiding judge he cannot obtain a fair trial,
the presiding judge is immediately divested of further jurisdiction except to call in another district judge to preside at
the trial and substantiates this with precedent. This view is countered with the response that the trial has already been
conducted in part, that under the provisions of Rule 65(a) (2), W.R.C.P., the evidence received upon the application for preliminary
injunction would be admissible upon the trial on the merits, and that accordingly the affidavit was not timely filed.