State Ex Rel. Botkin v. Delaware Circuit Court

This is an original action for writ of mandate asking that respondent court be mandated to permit the filing of relator’s affidavit of change of venue from the county and be further mandated to grant said change of venue from the county. We issued the alternative writ.

The facts necessary for an understanding of this matter follow: The Muncie Water Works Company filed petition before the Board of County Commissioners of Delaware County for a relocation of a county road known as Burlington Pike. Relator filed a plea in abatement to the water works company petition specifically alleging he was a…