[Download] "Commercial Credit Corporation v. S & E" by Supreme Court Of Idaho # Book PDF Kindle ePub Free

eBook details

Title: Commercial Credit Corporation v. S & E
Author : Supreme Court Of Idaho
Release Date : January 26, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

This case involves the attempted pretrial disqualification of a Judge under I.R.C.P. 40(d)(1). After their first scheduled trial date was vacated and a second trial date was set, the Jahnkes moved to automatically disqualify the Judge under the rule. The Judge denied their motion, holding that the motion had not been timely filed after the setting of the first trial date. The Jahnkes then refused to participate in the trial, contending the Judge did not have jurisdiction because of the alleged disqualification. After judgment was entered against the Jahnkes, they appealed. The sole issue raised is whether the Jahnkes properly exercised their right to an automatic disqualification of the Judge. Under the unique circumstances of this case, we hold that the Judge was disqualified automatically and did not have authority to enter judgment against the Jahnkes. We therefore vacate the judgment and remand this cause for further proceedings.