Webb
Webb v. Superior Court
Opinion
Lead Opinion
Ellison, J.
This is a proceeding by certiorari to review an order of the superior court of Del Norte County convicting the petitioner of a contempt of court. In a suit therein pending, entitled Santes v. Moseley, the petitioner, as attorney for the defendants, filed an affidavit alleging bias and prejudice on the part of the judge of the court against his clients and objected to his hearing the case. After citation and order to show cause said court adjudged the petitioner guilty of contempt of court for incorporating in and making part of said affidavit the following paragraph: “That affiant is informed and believes and upon such information and belief states, that said John L. Childs has been and now is unduly active in prospective litigation before this court, and in substantiation thereof further states that said John L. Childs did on or about the first day of June, 1915, advise and direct said Geo. W. Howe, attorney for plaintiff herein, in substance, to prepare and serve the necessary legal notice upon defendant herein noticing a certain motion to rescind and set aside a certain order extending time to answer, etc., the amended complaint on file herein, and such advice and direction on…