Lee v. Allen Circuit Court
| Citation | 146 N.E.2d 551,237 Ind. 704 |
| Decision Date | 20 December 1957 |
| Docket Number | No. 0-474,0-474 |
| Parties | L. C. LEE, Appellant, v. William H. Shannon, Appellee. |
| Court | Supreme Court of Indiana |
L. C. Lee, pro se.
Edwin K. Steers, Atty. Gen., for appellee.
Petitioner herein has filed what he entitles a 'Verified Petition for Writ of Certiorari to Run to the Allen County Circuit Court.'
From an examination of such petition it appears that petitioner is attempting to have the action of the Allen Circuit Court in denying his petition for writ of error coram nobis reviewed by this court.
The petition herein does not comply with any of the statutes or rules which establish the procedure for prosecuting appeals in this State.
Certiorari may be used in this court in aid of an appeal but not as a substitute therefor. And where no appeal is pending as is the case here, a petition for a writ of certiorari should be denied. First Merchants Nat. Bank & Trust Co. v. Crowley, 1943, 221 Ind. 682, 50 N.E.2d 918; Davis v. State, 1946, 224 Ind. 162, 65 N.E.2d 488.
For the reasons above stated the petition herein is denied.
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State ex rel. McGill v. State, 0-583
...Nat. Bank v. Crowley, 1943, 221 Ind. 682, 50 N.E.2d 918; Davis v. State, 1946, 224 Ind. 162, 65 N.E.2d 488; Lee v. Allen Circuit Court, 1957, 237 Ind. 704, 146 N.E.2d 551. For the reasons above stated the petition herein is ACHOR, J., not participating because of illness. ...
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Lee, In re
...on the ground that it was not a proper method for an appeal from a proceeding for a writ of error coram nobis. Lee v. Allen Circuit Court (1957), 237 Ind. 704, 146 N.E.2d 551. In September, 1960, the appellant again petitioned for extension of time to file a transcript in the case of Lee v.......