161 P. 255 | Or. | 1916
Opinion
It may be admitted that where the showing made before the inferior court conclusively establishes a situation requiring a change of venue under the statute, the writ will issue, compelling the action desired. A
In the very nature of things the judge himself is called upon to determine his own bias on the one hand or freedom from partiality on the other. Before his decision can be disturbed by mandamus, sufficient must appear in the showing made before him and reproduced before the court issuing the writ whereby the latter tribunal can determine, as a matter of law, that the justice is indeed prejudiced within the meaning and extent of the statute. To hold otherwise would be to substitute the interested judgment of a litigant for the judicial function of the officer. The law does not vest in the accused the discretion of selecting the
The decision of the Circuit Court is affirmed.
Afeirmru.