135 Minn. 307 | Minn. | 1917
The appeal is from an order awarding plaintiff temporary alimony, suit money and the temporary custody of the minor children of the parties. There are three assignments of error. We take them up in the order assigned by appellant.
We are cited by appellant to decisions in other jurisdictions. It is clear we cannot follow the practice in California, where their prejudice statute has been held to apply to the hearing of a motion for a new trial. Keating v. Keating, 169 Cal. 754, 147 Pac. 974. The Wyoming statute, construed in Murdica v. State, 22 Wyo. 196, 137 Pac. 574, does not contain language similar to that contained in the one before us. The case of Seabrook v. First Nat. Bank (Tex. Civ. App.) 171 S. W. 247, involved disqualification of the judge by reason of affinity to one of the parties.
Order affirmed.