188 Ind. 507 | Ind. | 1919
— This proceeding is based on a petition
Appellees claim that the motion for a chánge of judge came too late, as the cause had theretofore been submitted to the court for hearing, and had been partially heard.
As we read the record, there had been a submission of only one question to the court, and that was a proposition of law at a stage of the proceedings at which, it may be fairly said, the issues were being formed, to wit, the preparation and filing of a proper report. No ques
It is claimed that, if it be held that* the application was filed within time, the party appealing and here assigning as error the order denying the change, has no standing so far as said question is concerned, because Martin, the party who asked the change of venue, did not ask for a new trial.
Because other questions here presented, on the fur
Judgment is reversed, with the direction that the motion for a new trial and the motion for a change of judge be granted. '
Note. — Reported in 124 N. E. 697.