State Ex Rel. Indianapolis Power & Light Co. v. Daviess Circuit Court

Relator filed its verified petition for a Writ of Mandate in this Court on October 26, 1964, and on the same date we issued the writ in the alternative.

The respondents filed their return and answer to the alternative writ of mandate previously issued, and in said return allege:

“1. The Writ should not be made permanent.

“2. The Writ should be dissolved for the reason that:

“(a) A change of Judge is not authorized in eminent domain proceedings.

“(b) The motion for change of Judge was not filed until more than ten (10) days had elapsed since the filing of objections by Graham Farms, Inc. and the…