State ex rel. Hodges v. Kosciusko Circuit Court, C-79-420
| Docket Nº | No. 1279S346 |
| Citation | 273 Ind. 101, 402 N.E.2d 1231 |
| Case Date | April 03, 1980 |
| Court | Supreme Court of Indiana |
Page 1231
v.
KOSCIUSKO CIRCUIT COURT and Douglas B. Morton, as Special
Judge of Kosciusko Circuit Court in Cause No.
C-79-420, Respondents.
[273 Ind. 102]
Page 1232
William M. Evans, Bose & Evans, Indianapolis, David M. Whitesell, Warsaw, for relator.Robert F. Wagner and William Julian, II, Lewis, Bowman, St. Clair & Wagner, Indianapolis, for respondents.
GIVAN, Chief Justice.
On November 21, 1979, petitioners Harvey Dale Tucker and John Kleeman filed a "Petition to Recount Votes and Contest Election", questioning the election of relator Hodges to the Office of Mayor of the City of Warsaw, Indiana, and the election of Phillip J. Roy, as Councilmember-at-large of the City of Warsaw, in the general election held November 6, 1979.
Petitioners signed the petition on November 12, 1979. Their attorneys did not sign this petition nor did their names appear on the petition. The petition, which was not filed until November 21, 1979, was not verified in that there was no statement that the representations made in the petition were true.
Relator filed his motions to dismiss Counts I and II of the petition on November 29, 1979, alleging lack of verification as the first grounds in support of his Motion. On December 6, 1979, the respondent court denied relator's motion to dismiss. This Court issued a Temporary Writ [273 Ind. 103] of Prohibition and Alternative Writ of Mandate on December 12, 1979, ordering respondents, Kosciusko Circuit Court and Douglas B. Morton, as Special Judge thereof in Cause No. C-79-420, to refrain from exercising further jurisdiction in said cause and from enforcing its December 6, 1979, order denying relator's motion to dismiss Counts I and II of the petition. We hereby make that Temporary Writ of Prohibition and Alternate Writ of Mandate permanent.
The question presented is whether the jurisdiction of a trial court is effectively invoked under the provisions of IC § 3-1-27-3 (Burns 1976) (recount statute) or IC § 3-1-28-4 (Burns 1976) (contest statute) and Indiana Trial Rule 11(B) where two unsuccessful candidates petition to recount the votes and contest the election but fail to verify that the allegations and statements in the petition are true.
IC § 3-1-28-4 and IC § 3-1-27-3 explicitly require "verification" of a petition to recount or contest. The petition in the instant case was not verified. While petitioners swore that they made certain statements, they did not swear that the statements they made were true. "Verification" is defined in Indiana Trial Rule 11(B):
"(B) Verification by affirmation or representation. When in connection with any civil or special statutory proceeding it is required that any pleading, motion, petition, supporting affidavit, or other document of any kind, be verified, or that an oath be taken, it shall be sufficient if the...
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Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
...thereto by the notary or other officer authorized by law to administer oaths.' " State ex rel. Hodges v. Kosciusko Circuit, (1980) Ind., 402 N.E.2d 1231, at 1233; Gossard v. Vawter, (1939) 215 Ind. 581, at 584-586, 21 N.E.2d 416, at In Bader v. State, (1911) 176 Ind. 268, at 274, 94 N.E. 10......
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Kaminsky v. Medical Licensing Bd. of Indiana, 1-785-A-188
...Ind.App., 468 N.E.2d 602, 603, trans. denied; City of Muncie, at 415; see also State ex rel. Hodges v. Kosciusko Circuit Court (1980), 273 Ind. 101, 103-04, 402 N.E.2d 1231, In the present case the Marion Superior Court denied the IBCE's motion to dismiss which alleged that Kaminsky's amend......
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Corcoran v. State, 02S00-0508-PD-350.
...elapsed, a party is not permitted to amend a petition to cure its procedural defects. See State ex rel. Hodges v. Kosciusko Circuit Court, 273 Ind. 101, 402 N.E.2d 1231 (1980) (concluding that a petition could not be amended after its filing deadline had passed to correct defects). Corcoran......
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U.S. v. U.S. Currency, in the amount of $103,387.27, 87-2981
...thereto by the notary or other officer authorized by law to administer oaths." ' State ex rel. Hodges v. Kosciusko Circuit, (1980) Ind., 402 N.E.2d 1231, at Id. at 414. The claim of ownership filed by claimants' attorney failed to include any formal affirmation of the truthfulness of the st......
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Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
...thereto by the notary or other officer authorized by law to administer oaths.' " State ex rel. Hodges v. Kosciusko Circuit, (1980) Ind., 402 N.E.2d 1231, at 1233; Gossard v. Vawter, (1939) 215 Ind. 581, at 584-586, 21 N.E.2d 416, at In Bader v. State, (1911) 176 Ind. 268, at 274, 94 N.E. 10......
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Kaminsky v. Medical Licensing Bd. of Indiana, 1-785-A-188
...Ind.App., 468 N.E.2d 602, 603, trans. denied; City of Muncie, at 415; see also State ex rel. Hodges v. Kosciusko Circuit Court (1980), 273 Ind. 101, 103-04, 402 N.E.2d 1231, In the present case the Marion Superior Court denied the IBCE's motion to dismiss which alleged that Kaminsky's amend......
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Corcoran v. State, 02S00-0508-PD-350.
...elapsed, a party is not permitted to amend a petition to cure its procedural defects. See State ex rel. Hodges v. Kosciusko Circuit Court, 273 Ind. 101, 402 N.E.2d 1231 (1980) (concluding that a petition could not be amended after its filing deadline had passed to correct defects). Corcoran......
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U.S. v. U.S. Currency, in the amount of $103,387.27, 87-2981
...thereto by the notary or other officer authorized by law to administer oaths." ' State ex rel. Hodges v. Kosciusko Circuit, (1980) Ind., 402 N.E.2d 1231, at Id. at 414. The claim of ownership filed by claimants' attorney failed to include any formal affirmation of the truthfulness of the st......