187 Ind. 89 | Ind. | 1918
— This is an original action brought in this court under the second proviso of an act of the general assembly of this state in force March 8, 1915. Acts 1915 p. 207. The question presented for decision arises on the demurrer to the complaint. The complaint shows that on May 17, 1917, a proceeding was pending in the circuit court of Knox county before the Hon. Joseph W. Williams, special judge, and that a proper motion and affidavit for a change of venue from the county was filed therein by the relator and that the court overruled such
In determining whether a change of venue was allowed by law in this proceeding it was necessary for the court to place a construction on the section of the statute to which reference has been made. A judicial question was thus presented for the decision of the trial court which was determined adversely to appellant’s contention. Judicial action cannot be controlled by a writ of mandamus. State, ex rel. v. Winterrowd (1910), 174 Ind. 592, 595, 91 N. E. 956, 92 N. E. 650, 30 L. R. A. (N. S.) 886. Mandamus proceedings cannot be made to serve the purpose of an appeal or a writ of error in reviewing or reversing the judicial action of an inferior tribunal. State, ex rel. v. Wrigley, Judge (1918), ante 78, 118 N. E. 353.
Note. — Reported in 118 N. E. 564. See note p. 84.