Snider v. Lewis

Dissenting Opinion

Buchanan, J.

I respectfully dissent from the majority decision on these grounds:

1. The local rule of the Hancock Circuit Court prohibiting the Clerk from filing pleadings received for that purpose and directing the Clerk to mail same to the Special Judge-for filing and custody, is invalid because it is contrary to Indiana law.

2. The default judgment entered by the Special Judge on March 10, 1969, was void, and not voidable because a Motion for Change of Venue From The County was on file at the time the default was entered and the Special Judge had no jurisdiction to enter…