California, United States of America
The following excerpt is from Elliott v. Superior Court In and For Solano County, 180 Cal.App.2d 894, 5 Cal.Rptr. 116 (Cal. App. 1960):
Prohibition is the proper remedy to test whether or not a judge is disqualified to act where the facts are not in conflict. An order striking a petition for disqualification from the files is not an appealable order and the remedy by appeal is inadequate. Keating v. Superior Court, 45 Cal.2d 440, 289 P.2d 209. The defendants in the action have filed a demurrer to the petition so the major question before this court is whether or not the trial court erred in striking the statement of disqualification from the files of the court.
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