Roth v. Bonar

The appellee Maude P. Bonar obtained a default judgment against the appellant on March 30, 1943, in the Grant Superior Court, while appellant was a member of the armed forces of the United States. Upon appellant’s separation from the service he filed this action in that court seeking, along with other relief, to have the judgment set aside.

Appellant filed his motion for a change of judge. The nature of the action was questioned. Appellant filed an original action in the Supreme Court to mandate the trial court to grant the change of judge. The Supreme Court held, as contended for by…