STATE EX REL. GEARHART v. SMITH, ETC.

No. 29,983.

241 Ind. 154 (1960)

170 N.E.2d 423

STATE EX REL. GEARHART ET AL. v. SMITH, SPECIAL JUDGE, ETC. ET AL.

Supreme Court of Indiana.

Filed November 29, 1960.


Attorney(s) appearing for the Case

James E. Keating and Orville W. Nichols, both of Knox, for relators.

Paul Reed, of Knox, for respondents.


LANDIS, J.

This is an original action for writ of prohibition asking that respondent judge be prohibited from taking any further action in a cause in which he was selected as special judge, for the reason that he failed to appear and qualify within ten days after his appointment as required by Rule 1-12 of this Court. Respondent has filed return to relators' petition.

In the cause pending before the lower court it...

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