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(Download) "State Ex Rel. Rans v. Fulton Circuit Court" by 868 Supreme Court of Indiana No. 29 ~ Book PDF Kindle ePub Free

State Ex Rel. Rans v. Fulton Circuit Court

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eBook details

  • Title: State Ex Rel. Rans v. Fulton Circuit Court
  • Author : 868 Supreme Court of Indiana No. 29
  • Release Date : January 04, 1960
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Relator has filed an original action for writ of mandate and prohibition in this Court asking that respondent special Judge
be mandated to expunge the record made in cause number 19,626 in respondent court overruling relator's motion to withdraw
the submission of said cause from respondent Judge, and to further expunge all subsequent rulings by respondent Judge to prohibit
any further proceeding by said Judge, and that a new Judge be appointed to assume jurisdiction in said cause. We issued the
temporary writ. The facts appearing of record are as follows: Relator brought suit against The Pennsylvania Railroad Company for damages
and the jury returned a verdict in relator's favor for $6,500.00. On June 16, 1959, defendant railroad filed motion for new
trial. On September 18, 1959 (94 days after the filing of the motion for new trial), relator filed motion to withdraw the
submission from respondent special Judge for the reason that under Rule 1-13 of this Court respondent should not hold the
same under advisement for longer than 90 days. Respondent overruled relator's motion to withdraw the submission and set the
motion for new trial for argument for October 8, 1959, at which time the motion for new trial was sustained. On November 16,
1959, relator filed his action for writ of mandate and prohibition in this Court.


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