- 8 - When this case was called from the calendar of the Trial Session at Indianapolis, Indiana, on March 25, 1996, counsel for respondent appeared and announced that respondent was ready for trial. There was no appearance by or on behalf of petitioner. However, an individual who refused to identify himself other than as a "friend" of petitioner came forward and "served" on the Court a document entitled "Non-Statutory Abatement", which the Court filed as petitioner's Motion to Dismiss.6 Because respondent's counsel indicated that he wished to file certain motions of his own, the Court stated that this case would be recalled immediately after calendar call in order to address such motions. When this case was recalled later in the morning of March 25, 1996, respondent's counsel appeared and filed a Motion To Dismiss For Failure To Properly Prosecute, a Motion To Impose 6 The "INTRODUCTION" of the document filed as petitioner's Motion to Dismiss provides, in part, as follows: This is a Non-Statutory Abatement issued pursuant to common law rules applicable to such cases, against the DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, an acting Alien Enemy agency of a statutorily created, foreign de facto corporation, known as the UNITED STATES OF AMERICA. Said agency is imposing a suretyship, by attaching an illegally presumed persona designata, nom de guerre, created by them as Kenneth E. Bixler, upon This private Christian, Kenneth Edward: Bixler, suae potestate esse. This imposition is without authority, is counter to public morals, being in the Nature of a Praemunire which is outlawed by the General custom in this state and, thus, is in violation of the 1851 Indiana Constitution, the lex non scripta, which is the jus publicum in this state:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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