Appeal from Circuit Court, Multnomah County. John C. Beatty, Jr., Judge.
Warren Cameron, Seattle, Washington, argued the cause for appellant. With him on the briefs was Alberta Heffron, Salem.
John R. Sidman, Portland, argued the cause and filed a brief for respondent.
On June 15, 1970, plaintiff filed this action against the defendant demanding general and special damages. On October 20, 1971, the case was at issue on the pleadings.
"The judges * * * of the circuit court of a judicial district described in ORS 3.310 [Multnomah County Circuit Court, Fourth Judicial District] may jointly make and promulgate all rules and regulations necessary and convenient to facilitate the transaction of the judicial business of the circuit court. * * *"
In accordance with rules 4.03 and 4.05(1) of the Circuit Court, Fourth Judicial District, the case was placed on the civil trial calendar for trial on Monday, November 8, 1971. The case was called for assignment to a trial judge at 9 a.m. on Friday, November 5, 1971. It appears from the record that counsel for plaintiff did not attend the "daily call." The presiding judge assigned the case to Judge John C. Beatty, Jr., for trial, to begin Monday, November 8, at 2 p.m., and the trial court received the daily assignment slip and the case file from the court clerk. The court examined the pleadings and noting that they were quite lengthy, advised both counsel on Friday afternoon that he would like to have a pretrial conference (Rule 6.00, Fourth
Judicial District) at 9 a.m. on November 8. On Monday morning when both counsel and parties and witnesses under subpoena were present, the plaintiff filed a motion and supporting affidavits for change of venue. Plaintiff's affidavit, in part, alleged that Judge William Dale, Jr., was prejudiced against her and "that his influence and power as presiding judge over the judges of Multnomah County, and the handling and management of this case is so great that I cannot have a fair trial in Multnomah County * * *."
The motion for change of venue was timely filed pursuant to ORS 14.120. Plaintiff, in support of the motion, relied upon ORS 14.110, which provides:
"(1) The court or judge thereof may change the place of trial, on the motion of either party to an action or suit, when it appears from the affidavit of such party that the motion is not made for the purpose of delay and, either:
"(d) In an action, that the judge or the inhabitants of the county are so prejudiced against the party making the motion that he cannot expect an impartial trial before said judge or in said county, as the case may be.
The trial court denied the motion for change of venue. It should be noted that the motion and the affidavits supporting the same do not state that Judge Beatty or the inhabitants of the county are prejudiced against the plaintiff but, rather, states that Judge Dale was prejudiced against her. At this point of the proceeding Judge Dale had nothing to do with the case as it had been assigned to Judge Beatty for trial. Plaintiff's counsel then stated:
"In view of the refusal of the motion to change