55 P.2d 402 | Okla. | 1936
This is an original proceeding in this court for a writ of mandamus to require the Honorable H.H. Edwards, judge of the district court of the Fourteenth judicial district, to certify his disqualification as trial judge in cause No. 13224, in the district court of Pontotoc county, entitled Elizabeth Harden v. Andrew J. Harden. The case of Harden v. Harden is a divorce action wherein various hearings have been had, many motions filed and orders thereon entered by the respondent. Relator, in her petition, alleges that the respondent has been guilty of acts of misconduct in connection with the pending litigation, and that by reason of his prejudice against her, the respondent cannot administer the right and justice guaranteed to her under section 6, article 2, of the Constitution. All of relator's allegations are denied by respondent. We deem it unnecessary to try and determine the truthfulness *188
of relator's allegations. Two other actions growing out of this divorce case have already been considered by us (Nos. 26333, 26334, Harden v. District Court of Tulsa County; Same v. District Court of Pontotoc County,
"It is the duty of this court to maintain and safeguard the right of trial by a fair and impartial tribunal and to be vigilant in removing and eliminating every possible semblance of doubt or of suspicion on that question to the end that justice may be administered."
Writ granted.
OSBORN, V. C. J., and BAYLESS, PHELPS, and CORN, JJ., concur. RILEY and WELCH, JJ., dissent. McNEILL, C. J., and BUSBY, J., disqualified.
