Aetna Securities Co. v. Sickels

In Aetna Securities Co. v. Sickels, 120 Ind. App. 300, 90 N.E. 2d 136 (1950), one judge disqualified himself, three judges concurred in the judgment and two dissented. Thus, the appellant argued that because "the entire court" of all six judges did not participate, transfer was required. The Court of Appeals of Indiana disagreed. Construing the "entire court" statute with another law providing that if any judge is disqualified to sit, the concurrence of three judges is sufficient to decide the case, the Court of Appeals said the matter could be decided by only three judges. Id. at 312-13.