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Roberts v. Byrd, Judge of Wells Circuit Court

Supreme Court of Indiana
Jun 27, 1957
143 N.E.2d 568 (Ind. 1957)

Opinion

No. 0-478.

Filed June 27, 1957.

Original action by Charles E. Roberts for a writ of mandamus.

Petition denied.

Charles E. Roberts, pro se.


Petitioner in this section seeks an alternative writ of mandamus directed to the Wells Circuit Court.

The petition is defective as the action is not brought in the name of the State of Indiana on relation of the party in interest. The action cannot be brought by a person in his individual or personal capacity, and upon authority of the cases of Meek v. Baker (1951), 229 Ind. 543, 99 N.E.2d 426; Casey v. Murray (1951), 229 Ind. 545, 99 N.E.2d 426; and Hayes v. Scott County Court, etc. (1955), 234 Ind. 707, 128 N.E.2d 872, the petition should be denied.

Petition denied.

NOTE. — Reported in 143 N.E.2d 568.


Summaries of

Roberts v. Byrd, Judge of Wells Circuit Court

Supreme Court of Indiana
Jun 27, 1957
143 N.E.2d 568 (Ind. 1957)
Case details for

Roberts v. Byrd, Judge of Wells Circuit Court

Case Details

Full title:ROBERTS v. BYRD, JUDGE OF WELLS CIRCUIT COURT

Court:Supreme Court of Indiana

Date published: Jun 27, 1957

Citations

143 N.E.2d 568 (Ind. 1957)
143 N.E.2d 568

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