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STEIN v. SPEER

No. 9670.

512 P.2d 1254 (1973)

85 N.M. 418

Charles J. STEIN, Relator-Appellee, v. Small Claims Court Judge John B. SPEER, Respondent-Appellant, and Texaco, INC., Real Party in Interest.

Supreme Court of New Mexico.

Rehearing Denied August 13, 1973.

Attorney(s) appearing for the Case

John B. Speer, Small Claims Court Judge, pro se.

Charles J. Stein, pro se.

OPINION

STEPHENSON, Justice.

The issue here is whether Mr. Stein effectively disqualified the Honorable Nils T. Kjellstrom, Small Claims Court Judge and predecessor of Judge Speer.

Mr. Stein was sued on an account by Texaco, and attempted to disqualify Judge Kjellstrom by an "Affidavit of Disqualification" in which he said that he did "hereby disqualify Judge Nils T. Kjellstrom, Small Claims Court judge, from this case for the reason that I do not...

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