STATE, EX REL. PRATT v. WEYGANDT

No. 34159.

164 Ohio St. 463 (1956)

THE STATE, EX REL. PRATT, v. WEYGANDT, CHIEF JUSTICE.

Supreme Court of Ohio.

Decided February 1, 1956.


Attorney(s) appearing for the Case

Mr. Sol Goodman, Mr. J. Earl Pratt and Mr. Stanley Goodman, for relator.

Mr. C. William O'Neill, attorney general, and Mr. Joseph S. Gill, for respondent.


ZIMMERMAN, J.

Relator makes two principal contentions:

1. Under the provisions of Section 2701.03, Revised Code, where an affidavit of prejudice is filed against a judge of the Court of Common Pleas by a party or his counsel in a matter or cause pending before the court, such judge is automatically removed and it becomes the immediate duty of the Chief Justice of the Supreme Court to designate and assign another judge to try such matter or cause.

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