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STATE EX REL. CUNNINGHAM v. CIRCUIT COURT ETC.

No. 30,190.

242 Ind. 571 (1962)

180 N.E.2d 527

STATE EX REL. CUNNINGHAM v. CIRCUIT COURT OF HANCOCK COUNTY, DAVIS, JUDGE.

Supreme Court of Indiana.

Filed March 9, 1962.

Attorney(s) appearing for the Case

Edward F. New, Jr., of Indianapolis, for relator.

Ging & Free, Waldo C. Ging, Stephen A. Free, Richard T. Lineback, all of Greenfield, Thompson, O'Neal & Smith, Patrick T. Smith, Marvin L. Hackman, Russell J. Ryan, Jr., all of Indianapolis, for respondent.

ACHOR, C.J.

Relator herein seeks a permanent writ of prohibition.

The relator filed a petition to determine heirship during administration in the estate of William J. Cunningham, deceased, in the Probate Court of Marion County. The action was thereafter transmitted on change of venue to the Circuit Court of Hancock County. On November 27, 1961, before any pleadings were filed in the cause by the adverse parties, relator filed a dismissal of the action. Accordingly...

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