State ex Rel. Perkins v. Franklin Cir. Ct.

Full title: STATE EX REL. PERKINS v. FRANKLIN CIRCUIT COURT ET AL

Court: Supreme Court of Indiana

Date published: Apr 16, 1952

105 N.E.2d 161 (Ind. 1952)

105 N.E.2d 161

Opinion

No. 28,900.

Filed April 16, 1952.

PROHIBITION — Grounds — Acts and Proceedings of Courts — No Action Affecting Interests of Relator Threatened — Relief Would Be Denied. — Where in an original action in the Supreme Court to prohibit respondents, a circuit court and the judge thereof, from making further orders or taking further action in a certain cause of action pending in said court on the ground that the action threatened would be beyond and in excess of the jurisdiction of said court, by the answer and return of the respondents it appeared that the respondent judge had not had, nor did have any intention of proceeding or attempting to proceed further in said cause of action, the temporary writ of prohibition theretofore granted was dissolved, and the permanent writ denied, as no action whatever affecting the interest of the relator in any way was threatened.

Original action by the State of Indiana on the relation of Troy Perkins against the Franklin Circuit Court and Kenneth E. Copes, as Judge thereof, to prohibit respondents from making further orders or taking further action in a certain cause of action pending in said court. A temporary writ of prohibition was issued.

Temporary writ of prohibition dissolved and permanent writ denied.

Cecil C. Tague, of Brookville, and Frank I. Hamilton, of Greensburg, for petitioner.

Elmer F. Bossart, of Liberty, and Virgil J. McCarty, of Brookville, for respondents

DRAPER, J.

The relator petitioned this court to prohibit the respondents, the Franklin Circuit Court and the Honorable Kenneth E. Copes, sole judge thereof, from making further orders or taking further action in a certain cause of action pending in said court, the relator alleging that the action threatened would be beyond and in excess of the jurisdiction of said court. We issued a temporary writ.

By the answer and return of respondents now filed it appears that the respondent judge has not had, nor does said judge now have, any intention of proceeding or attempting to proceed further in said cause of action.

Since no action whatever affecting the interest of the relator in any way is threatened, the temporary writ of prohibition heretofore granted is dissolved, and the permanent writ denied. See State ex rel. Sun Pub. Co. v. Randolph Cir. Court (1934), 206 Ind. 712, 190 N.E. 612.

NOTE. — Reported in 105 N.E.2d 161.