SQUARCY v. VAN HORNE

No. 3-873A101.

321 N.E.2d 858 (1975)

Ruth Van Horne SQUARCY, Plaintiff-Appellant, v. Willard VAN HORNE, Jr., et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 27, 1975.


Attorney(s) appearing for the Case

Owen W. Crumpacker, Hammond, for plaintiff-appellant.

Willard B. Van Horne, Jr., Van Horne & Connelly, East Chicago, Richard W. Johnson, Schroer, Eichhorn & Morrow, Hammond, Winslow Van Horne, Van Horne & Van Horne, Auburn, for defendants-appellees.


GARRARD, Judge.

This appeal questions the ability of a trial court to sustain a motion to dismiss for lack of jurisdiction when the party opposing the motion has timely filed her own motion for a change of venue. Our opinion concludes that despite the pendency of a requested change of venue, a court may properly dismiss the cause where there is no jurisdiction of the case.

The facts relate to appellant's (contestor's) attempt to contest two codicils to the...

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