Any judge, irrespective of his relationship to a party to the case or his interest in the case, shall be qualified to try any civil case in his court where there is no defense filed in the case, except where either party to the case objects to the related judge.
(Ga. L. 1933, p. 187, § 1; Code 1933, § 24-111.)
Cross references.- Pleadings and motions generally, § 9-11-7 et seq.
Default judgments generally, § 9-11-55.
JUDICIAL DECISIONS
Cited in Georgia Power Co. v. Watts, 184 Ga. 135, 190 S.E. 654 (1937); Calhoun ex rel. Chapman v. Gulf Oil Corp., 189 Ga. 414, 5 S.E.2d 902 (1939).
RESEARCH REFERENCES
ALR.
- Affidavit to disqualify judge as contempt, 29 A.L.R. 1273.
Residence or ownership of property in city or other political subdivision which is party to or interested in action as disqualifying judge, 33 A.L.R. 1322.
Necessity as justifying action by judicial or administrative officer otherwise disqualified to act in particular case, 39 A.L.R. 1476.
Constitutionality of statute making mere filing of affidavit of bias or prejudice sufficient to disqualify judge, 46 A.L.R. 1179.
Right of judge not legally disqualified to decline to act in legal proceeding upon personal grounds, 96 A.L.R. 546.
Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.
Disqualification of judge in pending case as subject to revocation or removal, 162 A.L.R. 641.
Interest of judge in an official or representative capacity, or relationship of judge to one who is a party in an official or representative capacity, as disqualification, 10 A.L.R.2d 1307.
Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143.
Time for asserting disqualification of judge, and waiver of disqualification, 73 A.L.R.2d 1238.
Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.
Disqualification of judge for having decided different case against litigant, 21 A.L.R.3d 1369.
Disqualification of judge because of his or another's holding or owning stock in corporation involved in litigation, 25 A.L.R.3d 1331.
Disqualification of original trial judge to sit on retrial after reversal or mistrial, 60 A.L.R.3d 176.
Disqualification of judge, justice of the peace, or similar judicial officer for pecuniary interest in fines, forfeitures, or fees payable by litigants, 72 A.L.R.3d 375.
Waiver or loss of right to disqualify judge by participation in proceedings - modern state civil cases, 24 A.L.R.4th 870.
Disqualification of judge for bias against counsel or litigant, 54 A.L.R.5th 575.
Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471.
Disqualification of judge for having decided different case against litigant - state cases, 85 A.L.R.5th 547.