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STATE EX REL. BOTKIN, ETC. v. LEFFLER, JUDGE, ETC.

No. 29,090.

232 Ind. 541 (1953)

114 N.E.2d 804

STATE OF INDIANA EX REL. BOTKIN, GUARDIAN, ETC. v. LEFFLER, JUDGE OF DELAWARE CIRCUIT COURT.

Supreme Court of Indiana.

Filed October 15, 1953.

Attorney(s) appearing for the Case

Elmon M. Williams and Noel C. Neal, of Indianapolis, and Sidney E. McClellan and Clarence E. Benadum, both of Muncie, for relator.

Ogle & Manor, of Muncie, and Bowen, Mendenhall & Hunter, of Winchester, for respondent.

BOBBITT, C.J.

By this action relator seeks to compel the Delaware Circuit Court and Paul E. Leffler, as Judge thereof, to grant a motion for change of judge in an action to remove her as guardian of one Farra L. Botkin. The application alleged certain acts of neglect of duty and fraudulent conduct as grounds for removal. We issued an alternative writ of mandate commanding respondent to sustain and grant the motion for change of venue from the judge or, in default...

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