Taylor
Santa Cruz Bank of Savings v. Taylor
Opinion
Lead Opinion
Temple, J.
This action was brought in the county of Santa Cruz, to foreclose a mortgage, on the fifth day of July, 1895.
The defendant, Mary P. Taylor, appeared and filed a demurrer to the complaint December 17, 1895. On the thirtieth day of January, 1896, which was within ten days after the service of summons upon the said Mary P. Taylor, she again appeared and filed her affidavit of merits and moved -the court to change the place of trial because the judge of the court was disqualified. When the motion to change the place of trial was submitted does not appear, but it is stated in the bill of exceptions that it was submitted while Hon. James H. Logan was superior judge of the county. Perhaps it was submitted near the end - of Judge Logan’s term, but, at all events, the motion was taken under advisement by Judge Logan and was never passed upon by him, although it was admitted upon the hearing of the motion that Judge Logan was disqualified.
In March, 1897, counsel for plaintiff called up the motion before Hon. Lucus F. Smith, who had succeeded Judge Logan, and the motion was by him denied and defendant excepted. It was not claimed that Judge Smith was disqualified.