State ex rel. Young v. Niblack, 28802
| Decision Date | 13 June 1951 |
| Docket Number | No. 28802,28802 |
| Citation | 99 N.E.2d 252,229 Ind. 509 |
| Parties | STATE ex rel. YOUNG v. NIBLACK, Judge. |
| Court | Indiana Supreme Court |
Leo L. Kriner, Indianapolis, for relator.
John L. Niblack, Judge, Marion Superior Court, Indianapolis, for respondent.
On May 17, 1951, the State of Indiana on relation of the School City of Gary, Lake County, Indiana, for and on behalf of said school corporation and all other school corporations similarly situated, filed a suit against Wilbur Young, as State Superintendent of Public Instruction of the State of Indiana; Wilbur Young, John J. Mechling, Herman B. Wells, Ira L. Huntington, Charles E. Rochelle, Verne Crawford Freeman, Alfred C. Senour, as and constituting the Commission on General Education of the Indiana State Board of Education; Henry F. Schricker, Frank T. Millis, William L. Fortune, as and constituting the State Board of Finance of the State of Indiana; Frank T. Millis, as Auditor of the State of Indiana; State Board of Finance of the State of Indiana; and The Commission on General Education of the Indiana State Board of Education. The action was filed in the Superior Court of Marion County, Room One, and was returnable on June 1, 1951.
By its complaint, the plaintiff sought a declaratory judgment based upon the court's interpretation and construction of Chapter 247 of the Acts of 1949, Chapter 217 of the Acts of 1951, Section 2(e), and Chapter 231 of the Acts of 1945, as amended, including the amendment thereof by Chapter 293 of the Acts of 1951, for the purpose of determining and declaring the rights, status and legal relations of relator, and all other school corporations similarly situated, to distributions of money from the State School Tuition Fund pursuant to and based upon said Acts, and for all other proper relief in the premises.
On May 28, 1951, an application for change of venue from the county was filed which reads as follows:
'Comes now Wilbur Young, Individually, as State Superintendent of Public Instruction of the State of Indiana, and as a member of the Commission on General Education of the Indiana State Board of Education and alleges and says:
'That an odium attaches to his defense in the above entitled cause in the County of Marion, State of Indiana, and prays the Court that the venue of this cause be changed from said Marion County.'
It was signed and verified by Wilbur Young.
On May 29, 1951, the parties appeared and the Attorney General objected orally in open court to the granting of the change of venue on the ground that said State Superintendent of Public Instruction could not be represented by anyone other than the Attorney General of Indiana. The court having heard arguments and being duly advised, overruled said application for change of venue from the county and denied the same.
On May 31, 1951, the State of Indiana on the relation of Wilbur Young, as State Superintendent of Public Instruction of the State of Indiana, filed in this court his verified petition for a writ of mandate commanding the Judge of the Marion Superior Court, Room One, to grant said change of venue, or in the alternative to show cause, if any he had, why the same should not be done. We issued an alternative writ, returnable June 9, 1951.
Respondent judge has now filed in this court his return to the alternative writ of mandate wherein he represents that he denied the change of venue because (1) the same was upon the application of persons not a party to the action pending, and (2) it was not shown or determined that any of the parties to the action speaking by someone authorized to speak for them had asked for change of venue.
Burns' 1946 Replacement, § 2-1401, provides, in part, as follows:
'The court, in term, or the judge thereof, in vacation, shall change the venue of any civil action upon the application of either party, made upon affidavit showing one (1) or more of the following causes: * * *
(Emphasis supplied.)
It will be noted that the application for change of venue in this case states that 'an odium attaches to the applicant's defense in the above entitled cause in the County of Marion, State of Indiana,' but it fails to state that said odium attaches 'on account of local prejudice.'
Statutes providing for and governing changes of venue are designed as procedural safeguards of a fair trial. ...
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State ex rel. Fox v. La Porte Circuit Court
...in criminal and civil procedure, are regulated and controlled by statutory authority. In a civil case, State ex rel. Young v. Niblack, 1951, 229 Ind. 509, 513, 99 N.E.2d 252, 253, this court 'Statutes providing for and governing changes of venue are designed as procedural safeguards of a fa......
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Rosenberg v. Rosenberg
...and conditions reflected by the evidence. Dowd v. Sims, 1950, 229 Ind. 54, 58, 95 N.E.2d 628; State ex rel. Young v. Niblack, 1951, 229 Ind. 509, 514, 515, 99 N.E.2d 252; Central Indiana Railway Company v. Wishard, 1917, 186 Ind. 262, 274, 114 N.E. 970; Wood v. Wood, 1954, 125 Ind.App. 128,......
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State ex rel. Young v. Niblack
...venue from the county. This is the second time this phase of this controversy has been considered by this court. In State ex rel. Young v. Niblack, Ind. 1951, 99 N.E.2d 252, we held the trial court properly denied an affidavit for change of venue from the county, which was defective by reas......