New Mexico Supreme Court April 23, 1941, No. 4598. (State Ex Rel. Lebeck v. Chavez)

lead-opinion

MABRY, Justice.

There is involved here the question whether efforts of petitioners to disqualify a District Judge were timely and appropriately made, prosecuted and relied upon. The pertinent questions raised are: (a) Was the affidavit of disqualification timely filed ? (b) Is the writ of prohibition the appropriate or the proper remedy?