San Diego Water Co. v. City of San Diego

This is an appeal from an order overruling plaintiff’s motion for a change of the place of trial. The motion was based upon the ground that the judge of the superior court was disqualified to hear and determine the cause by reason of his interest as a taxpayer and water consumer of the municipal corporation defendant. In support of its appeal a brief has been filed by the plaintiff containing matter which respondent contends is scandalous and impertinent, upon which ground a motion is made to strike the brief from the files.

The following passages from the introductory and concluding portions of the brief are those which are particularly objected to:

*557 “That the conditions were such that a judge, in justice to himself and to the parties interested, but particularly in justice to himself, would have been justified in declining to sit as judge, no right-minded judge or lawyer will deny. He has not seen fit to exercise this right, but has driven us to the unpleasant task of asserting, and attempting to maintain, that he was legally unqualified to try the case. We say unpleasant task because it is never pleasant for a lawyer to take the position that a judge has violated the…