Volume 233 — Indiana Reports

1. FORGERY — <italic>Uttering Forged Instrument — Evidence — Exhibits —</italic> <italic>Names of Persons Appearing on Check — Sufficiency of</italic> <italic>Affidavit.</italic> — It was not error to admit into evidence the check upon which the name of a person, not a party to instrument, appeared thereon, when evidence showed the name to be that of a person whom appellant said would vouch for him, although it does not appear from evidence as to what time name was written thereon, and presence of name did not prejudice appellant in any way, nor was it error to overrule peremptory instruction for verdict for defendant. p. 4. 2. FORGERY — <italic>Uttering Forged Instrument — Judgment.</italic> — Where verdict of guilty was returned and judgment was rendered on such verdict based on affidavit upon which trial was had the judgment was in conformity with the verdict. "Forgery" and "Uttering a forged instrument" are crimes defined by same section of statute, and the penalty is provided for each and<page_number>Page 2</page_number> it was not error for the court to pronounce judgment upon forgery and not upon the uttering of a forged instrument. Section 10-2102, Burns' 1942 Replacement. p. 6.

1. COURTS — <italic>Change of Judge — Granting Mandatory —</italic> <italic>Jurisdiction.</italic> — When an affidavit for change of judge is filed, the judge of the court is required to grant it and thereafter such judge has no further jurisdiction in the case. p. 42. 2. INJUNCTIONS — <italic>Restraining Orders — Courts — Judges —</italic> <italic>Statute.</italic> — Section 3-2101, Burns' 1946 Replacement provides for issuance of restraining orders by circuit courts and judges thereof, and provides that "if such judges be absent from their circuits, or by reason of sickness or other cause be unable or incompetent to hear and determine the granting of a temporary injunction or restraining order, then any such judge of an adjoining circuit may hear and determine the granting" of the cause. p. 43. 3. JUDGES — <italic>Change of Judge — Disqualification — Incompetency.</italic> A judge who has been disqualified by the filing of an affidavit<page_number>Page 40</page_number> for change of judge has been rendered incompetent by an "other cause" within the meaning of Section 3-2101, Burns' 1946 Replacement and the court will not give the statute the narrow interpretation urged. It was intention of the legislature to make the provision that emergency matters could always be heard expeditiously somewhere by someone p. 43. 4. COURTS — <italic>Injunctive Relief — Change of Judge — Incompetency</italic> <italic>of Judge — Adjoining Circuit Jurisdiction.</italic> — The legislature did not intend that a party could by taking a change of judge, create a situation where there could be no court to hear and determine the matter of a temporary injunction or restraining order and the judge of an adjoining circuit had jurisdiction to issue order and to enforce it through competent proceedings as long as emergency which gave rise to its authority exists. p. 43. 5. COURTS — <italic>Injunctions — Ancillary Jurisdiction — Statutes.</italic> — Where it is clear from the petition that the relief sought was ancillary to another action in an adjoining circuit, and the statute conferred such jurisdiction upon the adjoining circuit and judge thereof to issue the restraining order, it was proper for such court to hear and determine the matter, and it was not necessary that petition for emergency relief be filed in court where there was no judge and then bring in a judge from an adjoining circuit to hear the matter. p. 44. 6. COURTS — <italic>Ancillary Jurisdiction — Emergency Matters —</italic> <italic>Issuance of Summons — Authority of Regular Judge.</italic> — Where in main action summons has been served and appearance made, it was not necessary to issue a summons in an action for ancillary relief in an adjoining circuit brought pursuant to Section 3-2101, Burns' 1946 Replacement. The "regular presiding judge" of the original court where main action is pending has duty of determining whether the restraining order or temporary injunction granted by the court possessing ancillary powers under the statute, shall be made permanent except that if regular judge is incompetent because disqualified, the duty rests on special judge regularly selected. p. 44.