Opinion
No. 27,934.
Filed March 8, 1944. Rehearing denied April 3, 1944.
PROHIBITION — Nature and Grounds — Alleged Erroneous Actions of Trial Court — Jurisdiction of Court Not Questioned. — An action denominated a petition for a "writ of mandate and prohibition," which recited certain actions of the respondent court alleged to be erroneous, but which did not question the court's jurisdiction nor allege that the court refused to act, but only alleged that the court acted contrary to relator's conception of what should have been done, did not state a cause of action.
Original action by the State of Indiana, on the relation of Clyde Jones, against Ernest R. Stewart, as regular Judge of the Boone Circuit Court of Indiana, for a writ of mandate and prohibition.
Petition dismissed.
Clyde Jones, of Michigan City, pro se. James A. Emmert, Attorney General, Frank Hamilton, First Assistant Attorney General, and Frank E. Coughlin, Deputy Attorney General, for respondent.
This action is denominated a petition for a "Writ of Mandate and Prohibition." It recites certain actions of the respondent which are alleged to be erroneous. It does not question the court's jurisdiction. It does not allege that the court refused to act. It alleges that the court acted contrary to the relator's conception of what should have been done. It therefore does not state a cause of action.
The petition is dismissed.
NOTE. — Reported in 53 N.E.2d 346.