Ulrich v. Beatty, 1

• Decision Date: 29 June 1966
• Docket Number: No. 20509,No. 1,1,20509
• Citation: 139 Ind.App. 174,217 N.E.2d 858
• Parties: James E. ULRICH, as Republican Member Marion County Board of Registration, Plaintiff-Relator v. James BEATTY, as Chairman, Marion County Democrat Central Committee; and H. Dale Brown, as Chairman, Marion County Republican Central Committee and as Representatives of the Republican and Democrat County Chairmen of the Eleven Indiana Counties with population in excess of 80,000, and John R. Maze, as Democrat Member, Marion County Board of Registration and as Representative of the Members of the Boards of Registration of the Eleven Indiana Counties with population in excess of 80,000 except the plaintiff, Defendants-Respondents. In the Matter of the Proceedings initiated by the ATTORNEY GENERAL of Indiana for a writ of prohibition to the Superior Court of Marion County, Roomand the Hon. Charles C. Daugherty, Judge thereof, Respondents.
• Court: Indiana Appellate Court

Page 858

217 N.E.2d 858

139 Ind.App. 174

James E. ULRICH, as Republican Member Marion County Board of

Registration, Plaintiff-Relator v. James BEATTY, as Chairman, Marion County Democrat Central

Committee; and H. Dale Brown, as Chairman, Marion County

Republican Central Committee and as Representatives of the

Republican and Democrat County Chairmen of the Eleven

Indiana Counties with population in excess of 80,000, and

John R. Maze, as Democrat Member, Marion County Board of

Registration and as Representative of the Members of the

Boards of Registration of the Eleven Indiana Counties with

population in excess of 80,000 except the plaintiff,

Defendants-Respondents.

In the Matter of the Proceedings initiated by the ATTORNEY

GENERAL of Indiana for a writ of prohibition to the Superior

Court of Marion County, Room No. 1 and the Hon. Charles C.

Daugherty, Judge thereof, Respondents.

No. 20509.

Appellate Court of Indiana, In Banc.

June 29, 1966.

[139 INDAPP 177] Kurt F. Pantzer, Jr., David B. Caldwell, Indianapolis, for plaintiff-relator and respondents.

John J. Dillon, Atty. Gen., Charles S. White, Chief Counsel, Virginia Dill McCarty, Deputy Atty. Gen., for defendants-respondents.

[139 INDAPP 214] ON PETITION FOR REHEARING

FAULCONER, Judge.

Respondents, Superior Court of Marion County, Room No. 1, and Honorable Charles C. Daugherty, as Judge thereof, and plaintiff, James E. Ulrich, have filed herein their joint petition for rehearing contending the majority opinion of this court erred 1) in contravening ruling precedents[139 INDAPP 215] of the Supreme Court of Indiana; and, 2) in erroneously deciding certain new questions of law.

Respondents and plaintiff, under Part I of their petition, list ten cases by title and citation only, and fail to inform this court which issue in the original action--which presented many issues for this court's determination--contravened which ruling precedents contained in which of the ten cases cited. By this part of said petition this court is presented with the task of application and research which, under our rules, is the burden of the petitioners. 2 F.W. & H., Ind. Tr. & App. Pract., § 2833, Comment 3, p. 398.

In Part II of said petition respondents and plaintiff merely repeat, in question form, those issues heretofore presented by them and determined by this court in its opinion on the merits.

Respondents and plaintiff have not favored us with a brief in support of their petition for rehearing, and no application of appropriate authority in support of their contention has been set...