Gaddie v. Holloway

This case comes to us on petition to transfer from the Appellate Court under §4-215, Burns’ 1946 Replacement. See, Gaddie v. Holloway, 140 N. E. 2d 766, for opinion of the Appellate Court.

Appellant, on May 20, 1953, filed an action for damages resulting from an automobile collision. Appellee filed an answer and counter-claim thereto. Pursuant to Rule 31 of that court, the Municipal Court notified appellant to “file appropriate pleadings” to appellee’s counter-claim or show cause on or before 9:30 A. M., May 25, 1955, or be defaulted. On that day appellant filed a motion for change of judge,…