Opinion
Nos. O-195 and O-200.
Filed June 20, 1951.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Allege Service of Notice on Attorney General — Petition Insufficient. — In an original mandamus action relative to a coram nobis proceeding in an inferior court, a petition is insufficient if it fails to contain an allegation that the Attorney General had been served with notice of the coram nobis proceeding, for in the absence of such an averment no action is shown to have been commenced in the inferior court. Burns' 1951 Replacement, § 49-1937.
Two original actions by the State of Indiana on the relation of James W. Goble against Dan Pyle, Judge of the St. Joseph Circuit Court, each for an alternative writ of mandamus to compel respondent to hear and dispose of a petition for a writ of error coram nobis.
Petitions denied.
James W. Goble, pro se.
Each of these petitions presents identical facts. Each seeks the issuance of an alternative writ to compel the trial court to hear and dispose of an alleged petition for writ of error coram nobis which relator has filed with the respondent. Neither petition alleges any notice to the Attorney General as required by § 49-1937, Burns' 1951 Replacement, of the filing of the petition for writ of error coram nobis. See Warmouth v. Owen, Judge (1951), 229 Ind. 279, 97 N.E.2d 866, and authorities therein cited. Since no action is pending until the statutory notice is given, the issuance of the alternative writ is denied in each case.
NOTE. — Reported in 99 N.E.2d 413.