Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-23

II ! y SbllL ~ 10
c'erce by the writ will refuse 10 perform
1H"tr 0"tE "heh the proper time arrives.
IL IS therefore incumbent ON the reIator
t" show actual omission on the ,,,rt ri
Il respondent to perform the re0uirad
act, and since there can be no such o,ni.
sion before the time has arrived for he
performance of the duty, the writ Will
not Issue before that time. In other
words, the relator must show that tb,.
respondent is actually in defanit in rho
performance of a legal duty then dine at
MS ha'lds, ana no threats OF predeternin-
alton can take the place Of such default
before the time arrives when the dutv
should be performed. nor does the law
contemplate such a degree of diligence IS
the performances of Il duty not vet l4",'
the REALTORS must fail in this action.
State VS.. Piper, Il New. 233.
State vs.. Rising, II Nev. 1854.
2Spelling, l3H5.
High, Extraordinary Remedies.
Sec. II.
This Court has also held that the wrt
should no issue unless the Realtors
s!o" a clear legal right 70 the relief de-
luauded.
Stat" rs. LaGraye, - New. 40.
But 1t is claimed by the REALTORS that
the Judgment and decree of injunction
SET up III tie answer is absolutely void
ii nnliity-of n" binding force or effect
against the respondents for the reason
thai the District Judge who presided at
the trial WIS al inhabitant of the Civ of
Reno ana the owner Of property situated
therein subject TO taxation, and therefore
had such an interest in the suit as to dis
qualify him from acting in the case. Our
statute contains n provision, common
10 nearly all States, prohibiting a Judge
actlng III any action or proceeding 20
which he is a party OF i'll which he is in
serested.
Gen. Stats. Sec. 2464.
ihis court has held thai the rule Of the
law which made the action of q
) ntige Interested in the case an Irregular
ity Or error to be corrected upon an ap-
peal by a reversal OF tho Judgment,
had been 40 changed by our statutory
provision As to render such judgment
only voidab,e but void.
Frevert VS.. Swift, 10 Nsv, a6A.
BY the facts shown was the District
Judge disqualified: This question has
the Supreme Court of California in Mey-
or va. The City Of San Diego. That action
WAS instituted FOR the Of setting
aside as illegal and void u contract o. the
City involving a large expenditure of
money of the City to be obtained by the
OF it's bonds, and to euioiat.he is
suance and sale of the bonds -. .."rry
out the alleged illegal and void s,.4.,~ IT,.
The bond issue had been voted ~ i
election called under an ordinance
of the City. submitting to The electors he
proposition. The law under which the
election was held, among other matters,
directed the municipal authorities to levy
and collect an annual special tax suf-
lrlett to pay interest aid provide a sink (
ing fuhd Tor the ultimate redemption of
bonds. The Practice Act of that
d!Squahfyjng the Judge contains
same provisions As our Act above
lied. y motion for a ch .ugp of venue
because of the disqualification OF theirlnl
Judge was made. upon The showing that
It was the owner Of real estate s;t-.4i,5
taxed i'll line CITY OF San Diego for .
municipal purposes, and taxable :or the
.'ayiuent OF HE o~udtG :nso.5.3u4s-
growing out 81 Inc mAtter1 t...u ia lf.-
fhe >uprcns Court iu ill., ~:. sirc the
question r"l~et by III. luu..on tsr she .
,hanga Of Venue, a.tcv discussing uAny
authorities say: "IhuS, the i~ntercs,
which one mas i'll a public question, mere
" because he is a member OF the civic.
body to he affected by the question: is NOT
he interest which the law has in mind.
In the case from which we have lust
quoted the judge in probate was not held
% be dI~qualiied because i'll a will before
lim there WAS a bequret of money to
'fuS'ee> 20 be deTotet Z" IL Use ana ben-
5ft OF nHdigent persons in certain towns.
one of which the Judge was All jnhabi-
ant >. And so, in Sauls VS.. Free
man, ~ Fla, 2o9, 4 South. SIS. the fact that
ne Circuit Judge, with other registered
voters of the county, had signed a pc
~ III SouIiy ISffltlllS-
asking for a change of the county
lite, did not di>qualify him for in
crest from sitting in "A mandamus nro-
to compel The Commissioners to
all an election upon the Question. In
.hese and like cases the so-ca.led interest
IT the Judge is found to be remote. do,bt-
vi and speculative. in no way certain in
act nor susceptible of precise measure
Hut upo the other hand, where.
II any litigation. there is any cen tain,
letlnable, %pecuniary or proprietary in
er, st or relation which will be directly
Effected by the Judgment that may be
in every such case without OK
SO far as An exhaustive exami-
lation Of the authorities goes, the dis
qualification OF the judge is held TO eyis,
las the judge any pecuniary or personal
light or privilege, directly affected bv or
Immediately dependent upon the resnlt
+ the case. As that question is a.swsred
O is answered the question Of his dis
for the iLterest which vehsv..