State Ex Rel. Hobbs v. CLAYCOMBE, JUDGE, ETC.

This original action involves the right of relator to a change of venue from the judge in a proceeding to set aside a judgment taken against him by default. The default judgment was entered in the trial court on September 18,1952. On October 14, 1953, relator filed his complaint against the judgment plain tiff, upon which summons was issued pursuant to the statute on setting aside a judgment against a party taken through his “mistake, inadverterice, surprise, or excusable neglect.” Section 2-1068, Burns’ 1946 Replacement.

The complaint was put at issue by an answer, and within due time the…