Ætna Life Ins. Co. v. Stryker

• Citation: 38 Ind.App. 312,76 N.E. 822
• Decision Date: 31 January 1906
• Docket Number: No. 5,171.,5,171.
• Parties: ÆTNA LIFE INS. CO. et al. v. STRYKER.
• Court: Court of Appeals of Indiana

38 Ind.App. 312

76 N.E. 822

ÆTNA LIFE INS. CO. et al.

v.STRYKER.

No. 5,171.

Appellate Court of Indiana.

Jan. 31, 1906.

Petition by the insurance company, and others, for a writ of certiorari. Denied.

For former opinion, see 73 N. E. 953.

MYERS, J.

Appellants have filed a petition for a writ of certiorari; the purpose being to bring before this court the proceedings had in the court below on the separate motion of each appellants for a new trial as of right. By this petition it is made to appear that after this cause had proceed to final judgment on the merits in the trial court, and after an appeal from that judgment, and before decision by this court, each of the appellants, within the time allowed by law therefor, filed in the court below a separate motion for a new trial as of right; that these motions were by the trial court overruled, and final judgment thereon rendered, after the decision of this court affirming the judgment on the merits. Now pending the petition for a rehearing, appellants ask for an order to the clerk of the Pulaski circuit court, directing such clerk to certify to this court a transcript of all the proceedings had on the motion for a new trial as of right; such transcript to be supplemental to the one now before the court, upon which it has rendered an opinion.

The law is well settled in this state that a writ of certiorari will not issue for the purpose of aiding a petition for a rehearing, or for the purpose of correcting the record in any manner or form, after decision on appeal. Board v. Center Township, 105 Ind. 422, 444, 2 N. E. 368, 7 N. E. 189; Mansur v. Churchman, 84 Ind. 573; Elliott's App. Procedure, §§ 208, 219. In this state a writ of certiorari is issued only “to compel any inferior court, board, or officer exercising judicial functions, or other person, to certify to such court a full and complete transcript of the records and proceedings of any such tribunal, board, officer or person, and the production of any paper, whenever it shall be necessary for the proper determination of any cause or proceeding pending before the Appellate Court.” Section 680, Burns' Ann. St. 1901. There is no claim of any diminution of the record now before the court affecting in any way a full determination of this cause upon the merits, and, if there was, the time is now past for any correction. The purpose of the writ asked is to bring before the court an independent proceeding, appealable as of right,...