State Ex Rel. Roth v. Dickey, Judge

G’Mal-léy, C. J.

The-relator filed; an action -inThe Grant Superior Court, service of summons was had and answers -were filed on behalf of the defendánt. The ..action was. filed to .set aside a judgment obtained by •the defendant in a prior action. After the issues were ■closed the'-relator filed an affidavit requesting a change of judge. . The-respondent denied .the requested, .change of judge on the ground that the proceeding-was commenced under § 2-1068, Burns’ 1933. i -

• An exámination of the complaint disclosés' that it was filed under the number' of the former action in which a ■judgment…