Kern v. Deal

Full title: KERN ET UX v. DEAL ET AL

Court: Court of Appeals of Indiana

Date published: Oct 5, 1948

81 N.E.2d 378 (Ind. Ct. App. 1948)

81 N.E.2d 378

Opinion

No. 17,788.

Filed October 5, 1948.

1. VENUE — Change From County — Municipal Courts — Statutory Provisions Constitutional. — The Act creating the Municipal Court of Marion County which specifically provides that there shall be no change of venue from the county from such court is constitutional. Burns' Stat., § 4-2516. p. 463.

2. VENUE — Change From County — Municipal Courts — Not Provided by Statute. — The statute creating the Municipal Court of Marion County does not provide for change of venue from such court from the county in which an action was commenced. Burns' Stat., § 4-2516. p. 463.

From the Municipal Court of Marion County, Room No. 2; Cale J. Holder, Special Judge.

Action between Mr. and Mrs. Lee Kern and Claude A. Deal and another. From the judgment the former appeals.

Affirmed. By the court in banc.

T. Ernest Maholm, of Indianapolis, attorney for appellants.

H.P. Warner and Albert W. Eubank, both of Indianapolis, attorneys for appellees.

FLANAGAN, J.

This appeal seeks only to challenge the action of the trial court in denying a change of action from the county. The Act creating the Municipal Court of Marion County from which 1, 2. this appeal comes, specifically provides that there shall be no change of venue from the county from it. § 4-2516, Burns' 1933. The constitutionality of this particular provision has been settled by our Supreme Court. Mosley v. Board of Com'rs. of Marion County (1929), 200 Ind. 515, 165 N.E. 241.

Judgment affirmed.

NOTE. — Reported in 81 N.E.2d 378.