Sadberry v. Wilson

1 This is an original proceeding in which the plaintiffs seek a Writ of Mandamus to disqualify the defendant judge of the county court of McClain County, Oklahoma from further considering two causes presently pending in said county court. The two causes involved are numbered 2106 and 2675 in the county court and are, respectively, the guardianship of Ada Belle Durnell (now deceased) and the matter of the estate of the said decedent. The plaintiffs assert that the defendant is disqualified from proceeding to hear the two causes because of prejudice toward plaintiffs and one of their attorneys, Mr. James. In the alternative, (plaintiffs allege) that because of the circumstances and conditions surrounding the litigation if defendant is not disqualified, there would exist in the minds of reasonable men doubts as to the impartiality of any judgment the defendant might pronounce in said cases and that in the interest of removing all of such doubts, the defendant should be adjudged disqualified and a different judge be assigned by this court to hear the matters, as provided by law.