Opinion
Nos. O-247, O-252, O-241, O-231.
Filed January 10, 1952.
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.
Four original actions, by the State of Indiana on the relation of Eddie Cole against the Lake County Criminal Court, by the State of Indiana on the relation of Eligah Buchanan against Herbert R. Criss as Judge of the Vigo Circuit Court, by Denton Williams against Lee L. Osborn, Judge of the LaPorte Circuit Court, by Roscoe Ketchum against William F. Marshall, as Judge of the Rush Circuit Court, for writs of mandamus.
Petitions denied.
Eddie Cole, Eligah Buchanan, Denton Williams and Roscoe Ketchum, pro se.
These original actions seek alternative writs of mandamus to require respondent courts to act in proceedings the respective petitions allege pending. In such matters, trial courts act by their records, and none of the petitions here have certified copies of the pleadings, orders and entries set out therein or made exhibits thereto as required by Rule 2-35. Therefore, we are not advised as to the records of the trial courts, and each petition is denied. Lester v. Grant Circuit Court (1948), 226 Ind. 186, 78 N.E.2d 785.
NOTE. — Reported in 102 N.E.2d 761.