Opinion
No. O-199.
Filed June 13, 1951.
MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original mandamus action seeking relief relative to a proceeding in an inferior court, a petition is insufficient which fails to set out, or have attached thereto as exhibits, certified copies of all pleadings, orders and entries pertaining to the subject matter in the lower court. Rules of the Supreme Court, 2-35.
Original action by the State of Indiana on the relation of Floyd Shrum against John J. Hall, Judge of the Warren County Circuit Court, for a writ of mandamus.
Petition denied.
Floyd Shrum, pro se.
The petition of the relator seeks a mandate against the Warren Circuit Court. This petition is insufficient and fails to comply with the provisions of Rule No. 2-35 of this court. Certified copies of all pleadings, orders, and entries pertaining to the subject matter must be set out in the petition or made exhibits thereto. The petition wholly fails to comply with the above requirements. State ex rel. Shrum v. Hall, Judge (1951), 229 Ind. 322, 98 N.E.2d 504; State ex rel. Hunt v. Heil, Judge (1951), 229 Ind. 250, 97 N.E.2d 634.
The issuance of an alternative writ of mandate is denied.
NOTE. — Reported in 99 N.E.2d 246.