Cadenasso

This motion is before us pursuant to a notice of motion given by appellants to respondent that appellants would move thereafter, on a day certain, to vacate and set aside the judgment of the superior court appealed from, and also the decision and order of department one of this court affirming said judgment made and entered some twelve days prior to the date of said notice of motion to vacate and set aside as aforesaid. -Said judgment appealed from was entered more than three years before this proceeding was initiated. The ground upon which the motion was noticed to be made and upon which it was subsequently made, was that the judgment of ■ the lower court was void because of the disqualification of the judge who tried said cause and that the department decision and order of this court were accordingly void.

The disqualification of said trial judge is based upon affidavits, which are not disputed, wherein it is averred that during all the time he presided at the trial of said cause, including the entry of judgment therein, he was, and for a number of years prior thereto had been, the holder and owner of shares of the capital stock of respondent, Bank of Italy. It is insisted that…