American Aggregates Corporation v. Superior Court of Marion County
| Decision Date | 20 February 1935 |
| Docket Number | 26426 |
| Citation | 194 N.E. 148,207 Ind. 544 |
| Parties | AMERICAN AGGREGATES CORPORATION v. SUPERIOR COURT OF MARION COUNTY, ROOM 2, et al |
| Court | Indiana Supreme Court |
Petition by the American Aggregates Corporation for a writ of prohibition to be directed to Superior Court of Marion County, Room 2, and others, restraining respondents from taking any official action in a certain cause wherein petitioner is the defendant and Otto E. Wente is the plaintiff.
Alternative writ and temporary restraining order dissolved and petition denied.
Julius C. Travis and Clinton H. Givan, both of Indianapolis, for petitioner.
Carey & Cox, of Indianapolis, for respondents.
This is an original action in this court for a writ of prohibition asking that the respondents be restrained and enjoined from taking any official action in a certain cause, entitled Otto E. Wente, Plaintiff, v. American Aggregates Corporation and Central Indemnity Company, Defendants, in cause A-66522, filed and begun in superior court of Marion county, room 2, April 4, 1932, of which court the respondent Joseph R. Williams was judge. The other respondents were clerk and sheriff, respectively, of said court.
It appears from the petition that the American Aggregates Corporation filed an action against Otto E Wente in superior court of Marion county, room 1, December 3, 1930, in replevin, to recover from said Wente six motortrucks; that the plaintiff gave a replevin bond and took possession of said trucks; that a trial was had and judgment rendered to the effect that the plaintiff was entitled to the possession of four of said trucks; and that it should return to the defendant Wente two of the trucks or pay to him $ 6,000. The plaintiff in that action, not being satisfied with its judgment, filed motion for new trial, which was overruled, and it perfected a vacation appeal to the Appellate Court. While said action was pending in the Appellate Court on appeal, the appellee therein, Otto E. Wente, filed an action against the American Aggregates Corporation and its bondsman, Century Indemnity Company, in the superior court No. 2 in Marion county, upon the original replevin bond. Such proceedings were had that a judgment was rendered therein in favor of said Wente, upon said replevin bond, in the sum of $ 6,540. The American Aggregates Corporation, being dissatisfied with said judgment, undertook to perfect a term-time appeal to ...
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