Hendrickson v. Superior Court

The respondent judge assigned the cause to the Honorable Jesse A. Udall, judge of the superior court of Graham county, and set the petitions for the appointment of special administrator for hearing by Judge Udall on April 30, 1958. On April 21st respondent judge of his own motion made an order vacating the order assigning the matter to Judge Udall and on the day set for the hearing, Judge Udall at the request of respondent judge, reassigned the matter to him for all further proceedings. Respondent proceeded to hear the petitions for special administrator. Petitioner objected to respondent proceeding in the hearing and renewed her motion for change of judge. The respondent heard from opposing counsel and denied the motion upon the ground the affidavit was not timely filed and was of no force and effect and proceeded to hear the matter. Petitioner withdrew from the hearing. The court appointed an administrator and thereafter set the case for retrial. We ordered issuance of alternative writ of prohibition commanding respondent to desist and refrain from further proceeding in the action until further order of this court.