Opinion
No. 27,705.
Filed March 30, 1942.
1. APPEAL — Right of Appeal — Order of Trial Court Authorizing Appeal Unnecessary. — No order of the trial court is necessary to authorize an appeal to the Supreme Court. p. 654.
2. MANDAMUS — Nature and Grounds — Requiring Trial Court to Grant Appeal — Petition Insufficient to Show Right to Writ. — Where a petition for a writ of mandate to require a trial judge to grant an appeal, to order the preparation of a transcript at public expense, and to appoint an attorney to represent relator on such appeal, did not disclose the nature of the judgment from which the relator desired to appeal, nor that any judgment existed, and there was no showing that relator saved any error that might be the subject of review, the petition was denied. p. 654.
Original action by the State of Indiana, on the relation of Louis T. McConnell, against Judge Martin L. Pigg, Sullivan County Circuit Court, seeking a writ of mandate requiring respondent to grant relator an appeal, to order the preparation of a transcript at public expense, and to appoint an attorney to represent relator on such appeal.
Petition denied.
Louis T. McConnell pro se.
This is an original action to mandate the judge of the Sullivan Circuit Court to grant the relator an appeal, to order the preparation of a transcript at public expense, and to 1, 2. appoint an attorney to represent the relator on such appeal. No order of the trial court is necessary to authorize an appeal to this court. The petition does not disclose the nature of the judgment from which the relator desires to appeal or, indeed, if any judgment exists. There is no showing that the relator saved any error that might be the subject of review.
The petition is, therefore, denied.
NOTE. — Reported in 40 N.E.2d 657.