Opinion
No. 27,805.
Filed January 30, 1943.
Original action by the State of Indiana on the relation of Alex Davidson against Martin L. Pigg, Judge, Sullivan Circuit Court, to require respondent to approve an undertaking executed and filed in connection with a petition for an election recount, and to take such further action as might be required under the 1941 recount statute. Respondent's term of office having expired pending the action, Walter F. Wood, the incumbent judge, was substituted as respondent.
Petition granted and respondent ordered to reinstate petition for recount and to do further acts required by statute.
Hays Hays, of Sullivan, for petitioner.
Wallace, Randel Wallace and Norval K. Harris, all of Sullivan, for respondent.
This is an original action in which the same questions of law are presented as in State ex rel. Watson v. Pigg, Judge, ante p. 23, 46 N.E.2d 232, this day decided with opinion. The same order is made as to substitution of the Honorable Walter F. Wood, Judge of the Sullivan Circuit Court, as respondent in place of Judge Pigg, whose term has expired. The relator herein and Clarence "Lib" McClure were candidates for the office of commissioner of Sullivan County for the 1st District. The same surety executed the undertaking filed in the two recount proceedings. It is shown herein by supplemental complaint that another proceeding for recount is pending in the same court in which Harold Neal is plaintiff and Lawrence "Brownie" Huff is defendant, which proceeding was filed prior to the filing of relator Davidson's petition for a recount, and we are asked by the prayer of the supplemental petition that the respondent be mandated to consolidate relator's cause with that of Neal v. Huff. We think that the mandate in the opinion in State ex rel. Watson v. Pigg is sufficient. Accordingly, on the authority of said case, the petition for writ of mandate is granted and the incumbent judge is ordered to reinstate relator's petition, approve the undertaking and take such other steps as are required by the statute under the issues presented by the petition.
NOTE. — Reported in 46 N.E.2d 237.