Krumdick
Krumdick v. Crump
Opinion
Lead Opinion
Beatty, J.
This is an original proceeding by mandamus. The petitioner is plaintiff in an action (Krumdick v. White) commenced in the superior court of Lake County in the year 1887. The respondent, who was the attorney for the defendant in that actiou, has been since January, 1891, judge of the superior court of Lake County. In December, 1891, the judgment of the superior court of Lake County in the action referred to was reversed by this court, and the cause remanded for a new trial. (Krumdick v. White, 92 Cal. 143 .) On the 14th of January, 1892, the remittitur was filed in the superior court, and on the 16th of the same month Mrs. Kvumdick’s attorney duly notified the defendant White that she would on the 1st of February, 1892, move the superior court of Lake County for an order transferring said cause for trial to the nearest superior court, where the like objection or cause for re *118 moval did not exist, upon the ground that the judge of the superior court of Lake County (the respondent herein) was disqualified. This notice of motion was accompanied and supported by a formal demand for a change of the place of trial of said action and by affidavits showing the disqualification of the…