State ex rel. Quinn v. Leopold
State ex rel. Quinn v. Leopold
Opinion of the Court
On December 27, 1953, May F. Thompson died intestate, a resident of Jasper County, Indiana, leaving surviving her three adult grandchildren, Fir-man Thompson, a resident of Rensselaer, Jasper, County, Indiana, Elizabeth............. a resident of Chicago, Illinois, and Jean Thornton, of Miami, Florida, and five great-grandchildren. Firman Thompson is the only grandchild who is a resident of Indiana.
Immediately thereafter the relator filed his affidavit for a change of judge which was thereupon overruled by the court.
The relator filed this original action for an alternative writ of mandamus to order the court to grant the change of venue from the judge, and we issued the alternative writ.
The statute in controversy provides:
“In any action, proceeding, or matter, of any character or nature whatever, relating to, connected with or involving the estate of a decedent in any manner whatever, any of the parties thereto shall be entitled to change of judge or a change of venue from the county for the same reasons, and upon the same terms and conditions, upon which there may be a change of judge or a change of venue from the county on any civil action: Provided, however, That nothing herein contained shall be construed to authorize a change of venue from the county of the administration of the estate of a decedent, or to authorize a change of venue from the county upon the exceptions to the final report of an administrator or executor, and hereafter there shall be no change of venue from the county upon exceptions to the final report of an administrator or executor.” Section 2-1403, Burns’ 1946 Replacement.
In State ex rel. Stockton v. Leopold (1949), 227 Ind. 426, 431, 86 N. E. 2d 530, we construed the statute as limited to actions, proceedings, or matters where there will be adverse parties, and a trial or hearing will be required, and in an opinion by
In the estate of May F. Thompson, deceased, there are no adverse parties to the petition for the appointment of the administrators. The court has not denied the petition, nor has it appointed another administrator. The judge is not shown to have any financial interest or interest by relationship in the estate, as was the case in State ex rel. Parker v. Vosloh, Judge (1944), 222 Ind. 518, 54 N. E. 2d 650, wherein we held that such interests, as a matter of law, and independent of the statute on change of venue, made the judge disqualified to act in the administration of the estate.
On the authority of State ex rel. Stockton v. Leopold (1949), 227 Ind. 426, 86 N. E. 2d 530, supra, the alternative writ heretofore issued is vacated and annulled.
Note. — Reported in 118 N. E. 2d 364.
Reference
- Full Case Name
- State of Indiana on Relation of Quinn v. Leopold, Judge of Jasper Circuit Court and the Jasper Circuit Court
- Status
- Published