STATE EX REL. CITY OF FT. WAYNE v. ALLEN CIRCUIT CT.

No. 30,499.

246 Ind. 39 (1964)

201 N.E.2d 562

STATE EX REL. CITY OF FORT WAYNE v. ALLEN CIRCUIT COURT, ETC.

Supreme Court of Indiana.

Rehearing denied, December 3, 1964.


Attorney(s) appearing for the Case

J. Robert Arnold, Clarence R. McNabb, Jerome J. O'Dowd, and Giles J. Pierre, all of Fort Wayne, for relator.

W.O. Hughes of Fort Wayne, pro se.

Arthur H. Fruechtenicht and Leigh L. Hunt, both of Fort Wayne, Amicus Curiae.


LANDIS, J.

Relator has brought original action in this Court attempting to have respondent court ordered to grant a change of judge in an annexation proceeding which had been taken on appeal to respondent court from the board of commissioners of Allen County, Indiana, where the proceeding had been filed. We issued the alternative writ.

Respondent court has filed return to the writ contending the writ should be denied for the reason that relator's motion for...

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