Gibbs v. Fuller

Submitted December 16, 1947. 1. Judges ? Disqualification ? Notice of acceptance of jurisdiction, effect of. The mere fact that the judge deemed himself disqualified from hearing a case did not prevent him from fixing the date of the trial, and therefore a notice to plaintiff that a different judge had assumed jurisdiction, after the disqualified judge had fixed the date of the trial, was tantamount to a notice to plaintiff that the new judge would proceed with the hearing on the date fixed by the disqualified judge, in the absence of an arrangement for trial at a different date. 2. Judges ? No right to disqualify three judges. Where plaintiff had already disqualified two judges for imputed bias or prejudice, plaintiff had no right to disqualify a third judge for imputed bias or prejudice. 3. Judges ? No disqualification for actual bias in case at bar. A judge was not disqualified for actual bias because he had previously heard a criminal case against plaintiff's son and agent. 4. Judges ? Disqualification for bias must be statutory. In the absence of a statute declaring actual bias or prejudice on the part of a judge to be a disqualification, it is not a disqualification. 5. Injunction ? Injunction properly granted. In an action to restrain defendants from interfering with plaintiff's possession of realty, wherein the plaintiff, through her agent, introduced no evidence but merely contended without just grounds that the judge was disqualified for bias or prejudice, the judge properly entered judgment for defendants.