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STATE v. EIGHTH JUDICIAL DISTRICT COURT

No. 3774.

264 P.2d 396 (1953)

STATE ex rel. KLINE v. EIGHTH JUDICIAL DISTRICT COURT et al.

Supreme Court of Nevada.

December 2, 1953.

Attorney(s) appearing for the Case

George E. Marshall, of Las Vegas, for Relator.

Ralli, Rudiak & Horsey, of Las Vegas, for Respondent.

BADT, Justice.

Relator's petition presents the questions (1) of the timeliness of the filing of an affidavit of prejudice under our statute, (2) the sufficiency of the affidavit, and (3) the question of implied waiver of the right to insist upon the disqualification.

Section 8407, N.C.L. 1931-1941 Supp., under whose provisions the matter must be determined, reads in part as follows:

"A judge shall not act as such in an action or proceeding: * * *...

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