Opinion
No. 28,044.
Filed November 17, 1944.
COURTS — Courts of Appellate Jurisdiction — Power to Compel Performance of Duty by Inferior Courts — Manner of Performance not Controlled. — A writ of mandate will not issue out of the Supreme Court to compel the judge of the Municipal Court to hear and determine a garnishment proceeding where it appears that the trial court had concluded that the service of notice upon the principal defendant was insufficient and for that reason had entered judgment dismissing the proceedings, since the Supreme Court's jurisdiction to compel the performance of any duty enjoined by law upon specific inferior courts does not include jurisdiction to control the manner of performance, no matter how erroneous.
Original action by the State of Indiana, on the relation of Charles Steinfort, against the Municipal Court of Marion County, Room No. 2, Hon. Harry R. Champ, Judge of said court, Findley Seddens, and the City of Indianapolis, seeking a writ of mandate against respondent court and judge to hear and determine a certain garnishment proceeding.
Petition denied.
Donald R. French, of Indianapolis, for Relator.
Rappaport, Kipp and Lieber, of Indianapolis, for Respondents.
This is an action which on the face of the petition appeared to seek a mandate against the respondent court and judge to hear and determine a garnishment proceeding under § 2-4403, Burns' 1933 (Supp.). From the response and reply it appears that the trial court concluded that the service of notice upon the principal defendant was insufficient, and, as a consequence, entered judgment dismissing the proceeding. The relator is contending that the trial court was in error in its conclusion. If the court's conclusion and the consequent judgment are erroneous, the remedy is not by mandate from this court. By § 3-2201, Burns' 1933, § 1090, Baldwin's 1934, this court is given jurisdiction to compel the performance of any duty enjoined by law upon specified inferior courts, including municipal courts, but there is no jurisdiction to control the manner of performance, no matter how erroneous.
Petition denied.
Note. — Reported in 57 N.E.2d 579.