Upton

This is an appeal from an order denying plaintiff’s motion to change the place of trial.

The motion was made on the ground that Hon. J. K. Law, judge of the superior court of Merced County, was disqualified by reason of having acted as attorney for defendant prior to the time of his election. The notice of motion fixed Saturday, the seventh day of March, 1891, at ten, a. m., as the time for hearing the motion. On that day and at that hour, Hon. Joseph H. Budd, judge of the superior court of San Joaquin County, at the request of Judge Law, held a session of the superior court of Merced County, and called the motion referred to for hearing and determination; whereupon the plaintiff insisted that Judge Law should hear the motion, because it was his duty to hear it, and he had no authority to call in another judge to pass upon the motion, and thereby deprive the plaintiff of his right to have the case transferred to an adjoining county. The request was denied, and an order was made by Judge Budd denying the motion to change the place of trial, to which ruling the plaintiff excepted. In passing upon the motion, the judge stated that he was ready and willing to try the case at that or…