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MAYO v. BEBER

Docket No. 23860.

177 Cal.App.2d 544 (1960)

2 Cal. Rptr. 405

BARNETTE MAYO, Appellant, v. JOSEPH BEBER, M.D., Respondent.

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

January 29, 1960.

Attorney(s) appearing for the Case

Toxey H. Smith and Joan H. Martin for Appellant.

DeForrest Home for Respondent.

FORD, J.

After a trial by jury in a malpractice action, a judgment was entered in favor of the defendant pursuant to the verdict of the jury. A motion for a new trial was made. In support of that motion, an affidavit was filed on behalf of appellant for the purpose of sustaining her contention that the trial judge had been disqualified to try the case because of the provisions of section 170, subdivision 4, of the Code of Civil Procedure.1

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