[DOWNLOAD] "State Ex Rel. Schumacher v. Adams Circuit" by Supreme Court Of Indiana * Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Schumacher v. Adams Circuit
- Author : Supreme Court Of Indiana
- Release Date : January 20, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
regularly appointed executor and qualified as such. Thereafter, one Lillian May Schumacher filed her verified petition and later her verified amended petition to be declared the common law wife of the testator. This petition and amended petition makes no parties defendant whatever, and it is therefore questionable whether any action thereon by the trial court would be binding upon any one. 26 C.J.S. § 80 Descent and Distribution p. 1125. It is the duty of the trial court to see that all proper parties are joined in the action. § 2-222, Burns 1946 Replacement. However, on February 27, 1947, respondent Judge set the petition for hearing on March 8, 1947. Relator was a proper party to be made a defendant and as executor he appeared and filed a proper affidavit for change of venue from the county in the matter of said petition on February 28, 1947, at which time his attorneys were informed by the respondent Judge that the change could not be granted. The Judge reiterated this statement on March 4, 1947, and relator believes he will deny the motion on the day fixed for the hearing on the petition and proceed with the hearing. On March 5, 1947, relators motion for change of venue was denied. The appearance of relator and the filing of the motion for change of venue by him is a waiver of notice of the filing of the petition as to him. In his response, the respondent Judge says in substance, that he does not believe relator is entitled to a change of venue under the law.