Parrish v. Riverside Trust Co., Ltd.

Disqualified Judges—Transfer of Cause—Affidavits.—Where it appears from uncontradicted affidavits that both the judges of the superior court of the county of the venue were disqualified for interest, and that the judge of the nearest and most accessible county was likewise disqualified for interest, the disqualified judge before whom the case is presented has no' discretion, and must perform the duty imposed by section 398 of the Code of Civil Procedure, and transfer the cause for trial to the nearest' and most accessible court, where the like objection or cause for making the order does not exist.

Id.—Selection of Judge by Law—Construction of Code.—Section 398 of the Code of Civil Procedure does not confer upon a disqualified judge the right to select a judge, but the law selects the judge, when the undisputed facts are before, the court.