State ex rel. City of Fort Wayne v. Allen Circuit Court

Relator has brought original action in this Court attempting to have respondent court ordered to grant a change of judge in an annexation proceeding which had been taken on appeal to respondent court from the board of commissioners of Allen County, Indiana, where the proceeding had been, filed. We issued the alternative writ.

Respondent court has filed return to the writ, contending the writ' should be denied for the reason that relator’s motion for change of judge was not timely filed in accordance with Rule 1-12B of this Court.

From the record before us it appears that on January 5, 1951, the…