Fannin v. Keck

WADDILL, Commissioner.

This is an original action in this Court. The petitioner, Orville Fannin, seeks an order of mandamus requiring the respondent, Honorable John H. Keck, as Judge of the Elliott Circuit Court, to grant summary-judgment in petitioner’s favor in certain consolidated actions which are now in the process of trial before Judge Keck.

The record discloses that Judge Keck has acted upon the motion for summary judgment in the consolidated suit by entering an order therein overruling the motion. Thus, in effect, Judge Keck has decided that a trial should be had upon the merits of the…