Opinion
No. 28,847.
Filed October 31, 1951.
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 Haywood Starnes against the State of Indiana for a writ of mandate to compel certain action by the Allen Circuit Court.
Petition denied.
Haywood Starnes, pro se.
The relator, appearing pro se, files what he designates as a verified petition for writ of certiorari, in which he names the State of Indiana as the sole respondent. We have examined the petition and so far as we can determine, it seems to be a petition for writ of mandate to compel certain action by the Allen Circuit Court.
The relief sought, therefore, relates to a proceeding in an inferior court, but since it wholly fails to comply with the requirements of Rule 2-35, the issuance of the writ must be denied.
So ordered.
NOTE. — Reported in 101 N.E.2d 272.