Howell v. Budd
91 Cal. 342 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a probate judge is disqualified from hearing a petition for letters of administration when his sons, as attorneys for the opposing party, hold a contingent fee contract granting them a direct, equitable interest in the estate's property, as such an interest renders the judge "interested" in the proceeding and the sons' client a "party" related to the judge within the meaning of the disqualification statute.
Statutes construed
- CCP ยง 1866