Summary
In State ex rel. Simon v. District Court, 138 Minn. 77, 163 N.W. 797, it was held that such a proceeding "is in form a criminal prosecution, but in substance a civil action"; though the venue could not be changed by a demand from the defendant, as he might do in an ordinary civil case.
Summary of this case from State v. JeffreyOpinion
No. 8,209.
Decided April 12, 1941.
Application for writ of supervisory control directed to the District Court of Lewis and Clark County, in the First Judicial District, and Guy C. Derry, a Judge of the Thirteenth District, presiding.
Mr. Robert L. Word, Jr., for Relator.
Decided April 12, 1941.
The relator having filed his verified petition for an alternative writ of supervisory control directed to the above named respondents to review an order made on April 5, 1941, in a matter arising out of the case of Caird Engineering Works v. Seven-Up Gold Mining Co., 111 Mont. 471, 111 P.2d 267, which cause was remanded for a new trial to enable one George Stoner to prove his alleged lien claim, and in which relator Erickson filed an affidavit disqualifying Judge Derry for imputed bias from hearing same, said Judge ordering that the affidavit of disqualification be stricken from the records, it is ordered, after due consideration of the petition, that the alternative writ of supervisory control be, and it is hereby, denied on the ground that if relator is entitled to any relief, it is obtainable on appeal.