State ex rel. Cook v. Wickens
| Decision Date | 17 March 1944 |
| Docket Number | 27953. |
| Parties | STATE ex rel. COOK v. WICKENS, Special Judge. |
| Court | Indiana Supreme Court |
Lawrence Cook, of Michigan City, for relator.
No appearance for respondent.
The relator filed a petition for a writ of error coram nobis. Thereafter proceedings were had resulting in an appeal to this court in which the action of the trial court was affirmed. Cook v. State, 1941, 219 Ind. 234, 37 N.E.2d 63. When the cause was remanded the State withdrew its answer and was permitted to file a demurrer, which was sustained by the court. In the present petition the relator asserts that the court exceeded its jurisdiction 'in and by reconsidering said State's demurrer.' An order is sought mandating the trial court to try the issue presented by the petition for a writ of error coram nobis. The trial court had jurisdiction of the subject matter and of the person. If the demurrer was improperly permitted or improperly sustained, the remedy is by appeal and not by original action.
The writ is denied.
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United States v. Dowd, 9909.
...the matter reached the Indiana Supreme Court twice. Cook v. State of Indiana, 1941, 219 Ind. 234, 37 N.E.2d 63; State ex rel. Cook v. Wickens, 1944, 222 Ind. 383, 53 N.E.2d 630. In April, 1945, the petitioner filed a petition for habeas corpus in the Circuit Court of LaPorte County and in J......
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Dowd v. United States Cook
...L.Ed. 549. It is so ordered. Judgments vacated and case remanded. 1 See Cook v. State, 219 Ind. 234, 37 N.E.2d 63; State ex rel. Cook v. Wickens, 222 Ind. 383, 53 N.E.2d 630. 2 State ex rel. Cook v. Howard, 223 Ind. 694, 64 N.E.2d 25, certiorari denied 327 U.S. 808, 66 S.Ct. 960, 90 L.Ed. 1......
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Huffman v. Huffman
...subsequent history of this case which is not germane to the point for which we have cited it, see State ex rel. Cook v. Wickens, Special Judge, (1944) 222 Ind. 383, 53 N.E.2d 630; State ex rel. Cook v. Howard, Warden, (1945) 223 Ind. 694, 64 N.E.2d 25; Dowd v. United States ex rel. Cook, (1......
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Cook v. State, 29033
...Lawrence E. Cook. It is a continuation of the cases of Cook v. State, 1941, 219 Ind. 234, 37 N.E.2d 63; State ex rel. Cook v. Wickens, Special Judge, 1944, 222 Ind. 383, 53 N.E.2d 630; State ex rel. Cook v. Howard, Warden, 1945, 223 Ind. 694, 64 N.E.2d 25; Cook v. State, 1946, No. 28236, in......