State, Ex Rel. v. Debaun, Judge

Dissenting Opinion.

Willoughby, J.

I cannot agree with the majority opinion in this case.

This is an original action brought in this court to compel by mandate, the granting of a change of venue by Arthur E. DeBaun, as judge of the Sullivan Circuit Court.

It appears from the petition that a civil suit was commenced in the Clay Circuit Court in the month of May, 1925, by complaint filed by this relator against Albert J. Winning, et al. The cause was put at issue in the Clay Circuit Court and then a change of venue was granted from said Clay Circuit Court to the Sullivan Circuit Court of Sullivan…