Opinion
No. O-122.
Filed October 20, 1950.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth All Pleadings, Orders and Entries of Trial Court as Required by Court Rules — Petition Insufficient. — In an original mandamus action to compel respondent court to take action with reference to a pleading filed therein by relator, a petition, which fails to comply with the Supreme Court rule requiring certified copies of all pleadings, orders and entries pertaining to the subject matter in the lower court to be set out, is insufficient and a writ of mandamus would not issue. Rules of the Supreme Court, 2-35.
Original action by the State of Indiana on the relation of William H. Hunt against the Orange Circuit Court to mandate respondent to take some action with reference to a pleading filed by relator.
Petition denied.
William H. Hunt, pro se, for relator.
Relator's petition, which seeks to mandate the trial court to take some action with reference to some pleading filed by the relator, who is an inmate of the Indiana State Prison, is insufficient for failure to comply with the provisions of Rule 2-35. See State ex rel. Williams v. Superior Court of St. Joseph County (1950), 228 Ind. 157, 94 N.E.2d 591; State ex rel. Talkington v. Hoffman (1947), 225 Ind. 475, 76 N.E.2d 252; State ex rel. Crawford v. Owen (1948), 225 Ind. 601, 77 N.E.2d 123; State ex rel. Lee v. Wilson (1948), 225 Ind. 640, 77 N.E.2d 354. The issuance of an alternative writ is denied.
NOTE. — Reported in 94 N.E.2d 545.