Dakan

Application for a writ of prohibition. The petitioner is the respondent in an action pending before the superior court in Santa Cruz county. Issues in the action were joined June 26, 1905, by his filing an answer to the complaint. The case appears to have been set down for trial for October 19th, and on that day, before the trial of the action, the defendant (petitioner herein) filed and served upon the plaintiff’s attorney a notice that he would make a motion before said court on October 27th for a change of the place of trial, upon the ground that the judge of said superior court is disqualified from acting therein, and that he cannot have a fair and impartial trial in said superior court, by reason of the bias and prejudice of the said judge. Annexed to said notice of motion were two affidavits, which he stated would be read in support thereof—one by Charles B. Younger, Jr., to the effect that certain property claimed by him had been attached in the action and would be sold by the sheriff in case the plaintiff should recover judgment; and the other by the defendant, in which he stated that the attorney for the plaintiff is a close friend and adviser of the judge of the court,…