(Download) "Lester v. Grant Circuit Court" by 448 Supreme Court of Indiana No. 28 # Book PDF Kindle ePub Free
eBook details
- Title: Lester v. Grant Circuit Court
- Author : 448 Supreme Court of Indiana No. 28
- Release Date : January 26, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Petitioner seeks a writ of mandate to require the Judge of the Grant Circuit Court to hear an alleged petition for writ of habeas corpus filed by petitioner in said court. There is no allegation that there has ever been any service of a copy of his pleadings in the Grant Circuit Court upon the Attorney General as required by § 49-1937, Burns' 1933 (Supp.) (Acts 1945, ch. 3, § 1, p. 7; Acts 1947, ch. 196, § 1). Petitioner has no action commenced in the Grant Circuit Court until this is done. State ex rel. Wadsworth v. Mead (1947), 225 Ind. 123, 73 N.E.2d 53; State ex rel. Minton v. Parke Circuit Court (1948), Ante, p. 55, 77 N.E.2d 749. Nor does the petition comply with Rule 2-35 of this court which requires in this sort of action ""certified copies of all pleadings, orders and entries pertaining to the subject matter"" in the inferior court. The petition here does not state a cause of action. State ex rel. Talkington v. Hoffman, Judge (1947), 225 Ind. 475, 76 N.E.2d 252; State ex rel. Crawford v. Owen, Judge (1948), 225 Ind. 601, 77 N.E.2d 123; State ex rel. Lee v. Wilson, Judge (1948), 225 Ind. 640, 77 N.E.2d 354.