State Ex Rel. Ziffrin v. SUPERIOR COURT ETC.

Relator seeks an order of this court mandating respondent to set aside a “Decree and Appointment of a Commissioner and Referee” entered on June 30, 1961, in Cause No. S-61-1169, wherein relator is plaintiff and Esther Ziffrin is defendant, or, in the alternative, to mandate respondent to grant relator’s motion for a change of venue from the county.

The factual situation out of which this action arises may be summarized as follows:

On February 17, 1961, plaintiff-relator filed his complaint for partition in the Superior Court of Marion County, Room 4, seeking partition of certain, real estate…