De La Guerra v. Burton
California Supreme Court Jul 1, 1863Published
Before: Cope
Synopsis
A Judge, who is related to either of the parties to an action, within the third degree of consanguinity, is incompetent to try an action between them.
Cope, C. J. delivered the opinion of the Court—Norton, J. and Crocker, J. concurring.
It appears in this case, that the Judge who tried it is related to the plaintiff within the third degree of consanguinity. He was, therefore, incompetent to try it; and the judgment is reversed and the cause remanded for a new trial.
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