DocketNumber: No. 18,777
Citation Numbers: 154 Ind. 439
Judges: Baker
Filed Date: 4/5/1900
Status: Precedential
Modified Date: 7/24/2022
The relators filed their verified application for a writ of mandate, showing that appellee Thndinm had begun an action against relators in the court of appellee Nickerson as justice of the peace for Center township in Marion county; that relators appeared on the return day and filed a proper affidavit for a-change of venue from the township; that the justice refused to grant the change except upon payment of the costs of the change in advance, which the justice stated to be $2; that relators refused to pay any sum in advance, but stated their, ability and willingness to pay, after the change was granted and the transcript prepared, whatever sum might legally be found due for the completed work; that the justice declined to grant the change on the terms proposed by relators; that afterwards on the same day, in the absence of relators, the justice rendered judgment in the case; that two days later relators tendered the justice $2 and demanded that he grant the change of venue and prepare and transmit the transcript; that the justice refused; and that the appellees are about to take steps to enforce the judgment. On this application, the court declined to proceed.
As the parties who are. named as appellees were not brought into court by alternative writ or otherwise, they were
Judgment affirmed.