State Ex Rel. Brosman v. Whitley Circuit Court

*265Dissenting Opinion

Jackson, J.

— The, majority opinion as now written is, in my opinion, erroneous, and I dissent thereto.

This is an original action for a writ of mandate directing the respondent court to grant a change of venue from the county in the case of Mary Jane Bigler, et al. v. The Farmers Loan and Trust Company, Exr. etc., being cause No. 17458 on the dockets of respondent court. We issued an alternative writ on April 26, 1962.

From the petition before us it appears that the will contest action was filed on November 16, 1961, summons was served on the defendants on November 25th and…