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238 Ind. 706

McGill v. Rabb

Indiana Supreme Court

Decided July 10, 1958

Indiana Supreme Court · decided 1958-07-10

Cited by 1 later decisions — most recently March 1962

1 state decisions

Relies on State Ex Rel. Ketchum v. Marshall · State Ex Rel. Mejer v. Davie · Lawless v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1958-07-10

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Per Curiam.

¶1Petitioner, James McGill, filed his petition herein for a writ of mandate to compel the respondent to set down for hearing, and to hear a petition for a writ of error coram nobis, which petitioner alleges he filed in the Marion County Criminal Court, Division Two, on or about March 24, 1958.

¶2The petition is fatally defective for each of the following reasons:

¶31. The-petitioner does not bring his action in the name of the State of Indiana on the relation of the petitioner. Acts 1955, ch. 253, §1, p, 647, being §3-2201, Burns’ 1946 Repl. (Cum. Supp.); State ex rel. Ketchum v. Marshall (1952), 231 Ind. 70, 106 N. E. 2d 796; Daniels v. Allen Cir. Ct., Schannen, Judge (1953), 232 Ind. 702, 111 N. E. 2d 656; Millbrooks v. Pyle, Judge, etc. (1954), 233 Ind. 697, 120 N. E. 2d 175.

¶42. This matter purports to be a petition for writ of mandate. Rule 2-35 of the Supreme Court provides that petitions for writs of mandate shall be verified and filed in quintuplícate and if the relief sought relates to a proceeding in an inferior court, as does the petition herein, certified copies of all pleadings, orders and entries pertaining to the subject matter must be set. .opt in the petition, or submitted as exhibits thereto. Petitioner herein has not complied with this rule. Rigg v. Thompson, Judge (1953), 232 Ind. 702, 112 N. E. 2d 290; State ex rel. Mejer v. Davie (1955), 234 Ind. 651, 129 N. E. 2d 799.

¶5For the foregoing reasons the petition for writ of mandate is denied.

¶6Note.—Reported in 151 N. E. 2d 811.

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