Opinion
No. O-95.
Filed June 29, 1950.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth All Pleadings, Orders and Entries of Trial Court as Required by Court Rules — Petition Insufficient. — In an original mandamus action in the Supreme Court to compel respondents to rule on the sufficiency of the bond of relator, who had been convicted in respondent court, to be let to bail pending appeal, where relator failed to set out in his petition, or make exhibits thereto, certified copies of all pleadings, orders and entries pertaining to the subject matter as required by Supreme Court rule, his petition was insufficient and would be denied. Rules of the Supreme Court, 2-35.
Original action by the State of Indiana on the relation of Herbert A.R. Zehrlaut against the Parke Circuit Court and Hugh H. Banta, as judge thereof, for a writ of mandamus to compel respondents to rule upon the sufficiency of relator's bond to be let to bail pending appeal of relator from a conviction in respondent court.
Petition denied.
Jasper, J., not participating.
Randolph H. Mayes, of Terre Haute, for relator.
The petition alleges relator was convicted of a violation of the Indiana Securities Law and sentenced to the Indiana State Prison for the term of one to five years. The prayer is to mandate the respondents to rule upon the sufficiency of his bond to be let to bail pending appeal. See Ch. 283 of Acts 1935, § 9-2312, et seq., Burns' 1942 Replacement. However, relator has failed to comply with Rule 2-35 in that he did not set out in the petition, or make exhibits thereto, "certified copies of all pleadings, orders and entries pertaining to the subject matter." A disregard of this provision of the rule makes the petition insufficient. State ex rel. Sanders v. Reeves, Judge (1950), 228 Ind. 293, 91 N.E.2d 912; Lester v. Grant Circuit Court (1948), 226 Ind. 186, 78 N.E.2d 785.
The petition is denied.
JASPER, J. not participating.
NOTE. — Reported in 93 N.E.2d 200.