Opinion
No. 30,554.
November 23, 1964.
MANDAMUS AND PROHIBITION — Change of Judge — Moot Question. — Alternative writ of mandate concerning change of judge in divorce action will be dissolved and permanent writ denied where the matter has become moot by the respondent's granting such change of judge.
Original action by the State of Indiana on the relation of Charles Robert Johnson, relator, seeking to mandate respondents, Jennings Circuit Court and Harry E. McCalla, as Judge thereof, to grant a change of judge. An alternative writ was issued.
Alternative writ dissolved and permanent writ denied.
John R. Dollens, of Scottsburg, for relator.
Harry E. McCalla, pro se.
Relator has filed in this Court petition for writ of mandate asking that respondent court be required to grant a change of judge in a certain divorce action entitled Alice R. Johnson v. Charles Robert Johnson, Cause No. 4193, in which relator is the defendant, pending in the Jennings Circuit Court.
Subsequent to our issuance of the alternative writ of mandate, respondent has filed return showing that said change of judge has now been granted and that this action has therefore become moot.
It appearing to the Court that this action is now moot, the alternative writ of mandate heretofore issued is now dissolved and the permanent writ denied.
Arterburn, C.J., and Myers, Jackson and Achor, JJ., concur.
NOTE. — Reported in 202 N.E.2d 273.