Birch

This is an appeal from an order made by Honorable R. Y. Williams, judge of the superior court of the county of Orange, denying the application of plaintiffs for a change of "the place of trial of said action from the superior court of said Orange County to the superior court of the county of Los Angeles.

The application was made on the ground that said judge, before whom the said cause was pending and set for trial, , being the same judge who heard and denied said motion, was disqualified to sit or act by reason of the prejudice or bias that he held against plaintiffs, particularly plaintiff A. Otis Birch, and that plaintiffs could not, therefore, have a fair and impartial trial by reason of said bias. (Sec. 170, Code Civ. Proc.)

It was the stipulation of counsel that if the Honorable R. Y. Williams should be proven to be disqualified, then there would have been no judge of said county qualified to sit, inasmuch as the only other judge for said county had deemed himself disqualified.

The main action out of which this proceeding springs was brought by A. Otis Birch and his copartners against the county of Orange to recover from said county the sum of $9,222.85, paid to said…