State Capitol Reconstruction Commission v. McMahan

This is an original proceeding in mandamus brought by the State Capitol Reconstruction Commission to compel the defendant, L. H. McMahan, circuit judge for Marion county, to grant a motion for a change of judge in a case pending before him. A demurrer to the alternative writ was filed by the defendant, and after argument thereon was overruled by the court without opinion on September 9,1938. Thereafter, the defendant filed an answer and the petitioners their reply, and the case was heard on the merits.

The material facts, as gathered'from the pleadings and a stipulation of counsel, are that on…