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DONOVAN v. SUPERIOR COURT OF LOS ANGELES COUNTY

Docket No. 18067.

99 Cal.App.2d 885 (1950)

222 P.2d 469

JOHN F. DONOVAN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.

Court of Appeals of California, Second District, Division One.

August 17, 1950.

THE COURT.

Petitioner was adjudged guilty of contempt and given four fines of $500 each. He filed an affidavit of prejudice against Judge Rhodes; the matter was continued to a subsequent date and heard by Judge Bartlett. The petition is based on the technical ground that the question of Judge Rhodes' disqualification had to be heard in the manner specified in section 170 of the Code of Civil Procedure. However, that section has a proviso reading as follows: "provided...

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