Opinion
No. O-265.
Filed March 19, 1952.
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 Jack A. Ballew against William B. Smith, Judge of the Carroll Circuit Court for a writ of mandate to compel respondent to perform certain acts relating to matters allegedly pending in the Carroll Circuit Court.
Petition dismissed.
Jack A. Ballew, pro se.
Petitioner filed his verified motion seeking a writ of mandate against respondent to compel him to perform certain acts relating to matters allegedly pending in the Carroll Circuit Court.
Petitioner has failed to comply with Rule 2-35 of this court, 1949 Revision, which provides for the filing of certified copies of all pleadings, orders and entries pertaining to the subject matter, and the petition herein is, therefore, dismissed.
Beamon v. State (1951), 230 Ind. 84, 101 N.E.2d 819.
NOTE. — Reported in 104 N.E.2d 575.