Opinion
No. O-281.
Filed May 27, 1952.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Comply With Supreme Court Rule — Petition Insufficient. — In an original action for a writ of mandate, the petition was insufficient which did not comply with the Supreme Court rule requiring the petition to be filed in triplicate, and requiring certified copies of all pleadings, orders and entries pertaining to the subject matter be set forth or made exhibits to the petition when the relief sought is relative to a proceeding in an inferior court. Rules of the Supreme Court, 2-35.
Original action by the State of Indiana on the relation of Edward W. Dopkowski seeking an alternative writ of mandate against the Honorable William J. Murray, Judge of the Lake County Criminal Court, to compel him to perform certain acts relating to matters allegedly pending in the Lake County Criminal Court.
Petition denied.
Edward W. Dopkowski, pro se.
Petitioner filed his verified motion seeking an alternative writ of mandate against respondent to compel him to perform certain acts relating to matters allegedly pending in the Lake County Criminal Court.
Rule 2-35 of this court, 1949 Revision, provides that petitions for writs of mandate shall be verified and filed in triplicate and if the relief sought relates to a proceeding in an inferior court, as does the petition herein, certified copies of all pleadings, orders and entries pertaining to the subject matter must be set out in the petition, or submitted as exhibits thereto.
The petitioner herein has failed to comply with this rule and for that reason said petition is denied.
NOTE. — Reported in 106 N.E.2d 100.