John Heinlen Co. v. Superior Court

This is an application for a writ of prohibition directed to the superior court of Kings county and to the Honorable John Gr. Covert, judge of said court, commanding and directing said court and judge to desist and refrain from taking any proceeding or making any order in a certain proceeding pending therein, wherein the Lake Land Canal and Irrigation Company is plaintiff and petitioner is defendant, other than an order transferring said cause to the nearest or most accessible court not subject to objection upon the ground that the judge thereof is disqualified to act in the trial of the cause.

An alternative writ was issued, in response to which the respondents have interposed a general demurrer. The application grows out of a special proceeding instituted by the Lake Land Canal and Irrigation Company against petitioner in the superior court of Kings county, the purpose of which was to condemn certain riparian rights appurtenant to the lands owned by petitioner and situated in said county. At the time set for the trial of the cause, the defendant therein, pursuant to notice, made a motion to change the place of trial upon the admitted fact that the Honorable John G. Covert,…