State ex rel. Daily v. Kime

• Decision Date: 23 November 1937
• Docket Number: 26894,26895.
• Citation: State ex rel. Daily v. Kime, 213 Ind. 1, 11 N.E.2d 140 (Ind. 1937)
• Parties: STATE ex rel. DAILY v. KIME et al. (two cases).
• Court: Indiana Supreme Court

11 N.E.2d 140

213 Ind. 1

STATE ex rel. DAILY v. KIME et al.(two cases).

Nos. 26894, 26895.

Supreme Court of Indiana

November 23, 1937

Daily Daily & Daily, of Indianapolis, for relator.

Omer Stokes Jackson, Atty. Gen., and A. J. Stevenson, First Ass't Atty. Gen., for respondents.

FANSLER Judge.

These are original actions in which the relator seeks a mandate against the judges of the Appellate Court of Indiana, 'directing them to give an opinion in writing of the material questions properly assigned and presented in the appellant's brief,' in two cases in which the relator was plaintiff, Thomas A. Daily v. Frank Hargesheimer et al.(Ind.App.)7 N.E.2d 521, andThomas A. Daily v. William T Gaskill et al.(Ind.App.)7 N.E.2d 541.Upon filing of the petitions, alternative writs of mandate issued.

The theory of the petitions is that, upon a showing that questions were duly and sufficiently presented to the Appellate Court, upon errors duly and sufficiently assigned which were not decided by the Appellate Court in its written opinion, this court will mandate the Appellate Court to decide those questions.

But, in order to present the legal questions involved, it must be made to affirmatively appear that questions were duly and sufficiently presented for consideration which were not decided by the Appellate Court.

It is recited in the petitions that the cases were properly briefed, that the transcript contained a full, true, and complete copy of the record, including bil...