In all cases in equity, if the judge is a party, is directly interested in the suit, is connected by blood or affinity within the prohibited degrees with any person so interested or is incompetent as having been of counsel, the venue may be changed to the nearest chancery court, as the case may be, not liable to the like exception, as of course, at the instance of either party, without costs, unless the term at which the application is made, being a trial term, the cause shall be heard and disposed of by a judge not liable to the like exception, sitting specially or by interchange.
Code 1858, § 2842; Shan., § 4556; mod. Code 1932, § 8689; T.C.A. (orig. ed.), § 21-401.
Cross-References. Interchange of judges, §17-2-202.
Transfer to another county by consent, §16-11-201.
Textbooks. Tennessee Jurisprudence, 24 Tenn. Juris., Venue, § 6.
Collateral References. 46 Am. Jur. 2d Judges §§ 52-82; 77 Am. Jur. 2d Venue § 61.
48 C.J.S. Judges § 73.
Disqualification of original trial judge to sit on retrial after reversal or mistrial. 60 A.L.R.3d 176.
Dissolution of marriage as affecting disqualifying relationship by affinity in case of judge. 117 A.L.R. 800.
Modification of decree of divorce, statute providing for change of judge on ground of bias or prejudice as applicable to proceedings for. 143 A.L.R. 411.
Relationship of judge to one who is party in an official or representative capacity as disqualification. 10 A.L.R.2d 1307.
Venue 2.