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Spires v. Bottorff

Supreme Court of Indiana
Jan 8, 1952
102 N.E.2d 761 (Ind. 1952)

Opinion

No. O-246.

Filed January 8, 1952.

MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original mandamus action seeking relief relative to a proceeding in an inferior court, a petition is insufficient which fails to set out, or have attached thereto as exhibits, certified copies of all pleadings, orders and entries pertaining to the subject matter in the lower court. Rules of the Supreme Court, 2-35.

Original action by Marvin Spires against James L. Bottorff, Judge of Clark County Circuit Court for a writ of mandamus.

Petition dismissed.

Marvin Spires, pro se.


Petitioner filed his verified motion seeking a writ of mandate against respondent to compel him to perform certain acts relating to matters allegedly pending in the Clark Circuit Court.

Petitioner has failed to comply with Rule 2-35 of this court, 1949 Revision, which provides for the filing of certified copies of all pleadings, orders and entries pertaining to the subject matter, and the petition herein is, therefore, dismissed.

NOTE. — Reported in 102 N.E.2d 761.


Summaries of

Spires v. Bottorff

Supreme Court of Indiana
Jan 8, 1952
102 N.E.2d 761 (Ind. 1952)
Case details for

Spires v. Bottorff

Case Details

Full title:SPIRES v. BOTTORFF, JUDGE

Court:Supreme Court of Indiana

Date published: Jan 8, 1952

Citations

102 N.E.2d 761 (Ind. 1952)
102 N.E.2d 761

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