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Spence v. State

Supreme Court of Indiana
May 11, 1943
48 N.E.2d 459 (Ind. 1943)

Opinion

No. 27,871.

Filed May 11, 1943.

1. COURTS — Supreme Court — Jurisdiction — Original Jurisdiction Conferred by Legislature. — The Supreme Court has only such original jurisdiction as the General Assembly may confer upon it. p. 474.

2. COURTS — Supreme Court — Jurisdiction — Original Jurisdiction in Actions for Declaratory Judgments Non-existent. — The Supreme Court does not have original jurisdiction in actions for declaratory judgments. p. 474.

Petition filed in the Supreme Court by Berlin Spence against the State of Indiana for a declaratory judgment seeking a determination of the validity of certain statutes.

Petition dismissed.

Berlin Spence, of Michigan City, per se.


Berlin Spence has filed in this court a petition for a declaratory judgment seeking a determination of the validity of certain statutes. With his petition he has filed a verified request to be permitted to prosecute the action as a poor person, and also a request that he be ordered brought before this court to prosecute the action in person.

This court has only such original jurisdiction as the General Assembly may confer. Section 4, Article 7, Constitution of Indiana. Original jurisdiction in actions for 1, 2. declaratory judgments has not been conferred on this court.

The petition is, therefore, dismissed.

NOTE. — Reported in 48 N.E.2d 459.


Summaries of

Spence v. State

Supreme Court of Indiana
May 11, 1943
48 N.E.2d 459 (Ind. 1943)
Case details for

Spence v. State

Case Details

Full title:SPENCE v. STATE OF INDIANA

Court:Supreme Court of Indiana

Date published: May 11, 1943

Citations

48 N.E.2d 459 (Ind. 1943)
48 N.E.2d 459

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