Opinion
No. 29,198.
Filed October 5, 1954.
MANDAMUS AND PROHIBITION — Extraordinary Remedies — Other Adequate Remedy. — Where the remedy of appeal is available on an adverse ruling on a plea in abatement, writs of prohibition and mandamus will not issue as they are not intended to take place of appeal.
Original action on relation of Walter Collins for a writ of mandate and prohibition against the Lake Superior Court, Room 4, Anthony B. Roszkowski, Judge.
Temporary writ of prohibition vacated and annulled.
George W. McCain, of Gary, for relator.
Charles W. Gannon and Rubin Rubin, all of Gary, for respondents.
This is a petition for a writ of mandate and prohibition. The original action in the trial court was on account and for appointment of receiver. Relator duly filed a plea in abatement, contending that service on him was obtained by leaving a copy of the summons at his place of business instead of his residence. Evidence was heard and the finding was against relator on his plea in abatement.
Relator now says here that the ruling of the trial court was wrong and we should prohibit the trial court from proceeding further.
Writs of prohibition and mandamus are extraordinary remedies, and not intended to take the place of appeals, and do not issue where there is another adequate remedy. Here relator has his remedy of appeal which is full and adequate.
The temporary writ of prohibition is hereby vacated and annulled.
Bobbitt, Draper, Emmert, and Gilkison, JJ., concur.
NOTE. — Reported in 121 N.E.2d 731.