Opinion
No. 27,637.
Filed November 26, 1941.
VENUE — Change of Venue — Refusal of Court to Grant Change Erroneous. — The fact that a special judge is of the opinion that the Supreme Court would have power to render a final judgment in favor of the parties in determining an appeal from an order granting a temporary mandatory injunction in a pending action is not a valid reason for denying a change of venue.
Original action by the State of Indiana on the relation of Ewell R. Phillippe and John A. Lister, as members of the Board of School Trustees of the School City of Bicknell, Indiana, against T. Ralph Alsop, Special Judge, for a writ of mandate requiring respondent to grant a change of venue from the county.
Alternative writ made absolute.
Barnes, Hickam, Pantzer Boyd, of Indianapolis, and Kessinger, Hill Arterburn, of Vincennes, for petitioners.
T. Ralph Alsop, of Vincennes, for respondent.
This is an original action seeking a writ of mandate requiring respondent to grant a change of venue from the county. Upon the filing of the petition, an alternative writ issued.
It appears from the response that the only reason for denying the change is that an appeal is pending from an order granting a temporary mandatory injunction in the case, and that the respondent is of the opinion that this court would have power to render a final judgment in favor of plaintiff or defendant in determining the appeal from the interlocutory judgment. This is not a valid reason for denying the change.
The alternative writ is made absolute.
NOTE. — Reported in 37 N.E.2d 535.