Opinion
No. 27,761.
Filed May 11, 1943.
MANDAMUS — Grounds — Compelling Determination of Petition for Injunction — Petition Mailed to Clerk of Court But Never Received — Writ Denied. — Where a petition for an injunction was mailed by relator to the clerk of a superior court but was never received by him nor filed in the court, relator's petition in an original action in the Supreme Court seeking an alternative writ of mandate against the judge of the superior court ordering him to determine the petition for injunction was denied.
Original action by the State of Indiana, on the relation of Berlin Spence, against Russell Smith, Judge of the LaPorte Superior Court, and another, seeking an alternative writ of mandate ordering respondent judge to hear and determine a petition for injunction which relator allegedly filed in such court.
Petition denied.
Berlin Spence, per se.
Relator has filed an original action in mandate in this court seeking an alternative writ against the Judge of the Superior Court of LaPorte County, ordering said judge to hear and determine a petition for injunction which the relator alleges that he mailed to the clerk of said court for filing. From various exhibits in and attached to said petition for mandate it appears that relator's petition for injunction was never received by the clerk of said court nor filed in said court.
The relator having failed to show an action pending in said court on which the court has refused to act, relator's petition is denied.
NOTE. — Reported in 48 N.E.2d 462.