Lester v. Grant Circuit Court
| Citation | 78 N.E.2d 785,226 Ind. 186 |
| Decision Date | 26 April 1948 |
| Docket Number | 28448. |
| Parties | LESTER v. GRANT CIRCUIT COURT. |
| Court | Supreme Court of Indiana |
Allen Lester, pro se.
Oren W. Dickey, of Marion, for appellee.
Petitioner seeks a writ of mandate to require the judge of the Grant Circuit Court to hear an alleged petition for writ of habeas corpus filed by petitioner in said court. There is no allegation that there has ever been any service of a copy of his pleadings in the Grant Circuit Court upon the Attorney General as required by § 49-1937, Burns 1933 (Supp.) Acts 1945, Ch. 3, § 1, p. 7, Acts 1947, Ch. 196, § 1. Petitioner has no action commenced in the Grant Circuit Court until this is done. State ex rel. Wadsworth v. Mead, Ind.Sup., 1947, 73 N.E.2d 53; State ex rel. Minton v. Parke Circuit Court, Ind.Sup., 1948, 77 N.E.2d 749.
Nor does the petition comply with Rule 2-35 of this court which requires in this sort of action 'certified copies of all pleadings, orders and entries pertaining to the subject-matter' in the inferior court. The petition here does not state a cause of action. State ex rel. Talkington v. Hoffman, Judge, Ind.Sup., 1947, 76 N.E.2d 252; State ex rel. Crawford v. Owen, Judge, Ind.Sup., 1948, 77 N.E.2d 123; State ex rel. Lee v. Wilson, Judge, Ind.Sup., 1948, 77 N.E.2d 354.
Moreover, petitioner seeks to prosecute this action in his own name instead of in the name of the State of Indiana on his relation. This court has previously held this requirement to be mandatory. Board of Public Safety v. Walling, 1934, 206 Ind. 240, 246, 187 N.E. 385; Rogers v. Youngblood, Judge, Ind.Sup., 1948, 78 N.E.2d 663. The petition fails to state a cause for relief and therefore it is denied.
To continue reading
Request your trial
-
Pembleton v. McManaman, 28543.
...of mandate to act therein will not be granted. State ex rel. Wadsworth v. Mead, Ind.Sup.1947, 73 N.E.2d 53, 55;Lester v. Grant Circuit Court, Ind.Sup.1948, 78 N.E.2d 785, 787. Petitioner has attached to his complaint in this court a copy of his petition for a writ of error coram nobis alleg......
-
State ex rel. Ketchum v. Marshall, s. O-264
...orders or entries pertaining to the subject matter in the trial court as required by Rule 2-35 of this court. Lester v. Grant Circuit Court, 1948, 226 Ind. 186, 78 N.E.2d 785. Nor does either petition allege that relator or petitioner gave notice to the Attorney General as required by § 49-......
-
State ex rel. Zehrlaut v. Parke Circuit Court
...of the rule makes the petition insufficient. State ex rel. Sanders v. Reeves, Judge, 1950, Ind., 91 N.E.2d 912; Lester v. Grant Circuit Court, 1948, 226 Ind. 186, 78 N.E.2d 785. The petition is JASPER, J., not participating. ...
-
State ex rel. Cole v. Lake County Criminal Court
...by Rule 2-35. Therefore, we are not advised as to the records of the trial courts, and each petition is denied. Lester v. Grant Circuit Court 1948, 226 Ind. 186, 78 N.E.2d 785. ...