City of Cannelton v. Lewis

105 N.E.2d 911, 123 Ind. App. 473

Opinions

ON WRIT OF CERTIORARI

Per Curiam.

— The appellees herein have asked for a writ of certiorari for an order directing the Clerk of the Spencer Circuit Court to certify to this court certain corrections in the bill of exceptions contained in the transcript as set forth in the petition for writ of certiorari.

The proper manner in which the corrections requested in such petition may be made is upon a proper application for a nunc pro tunc record to the trial court, in order that the transcript may speak the truth. Upon a proper application to the trial court, a petition should be filed here asking that the transcript be returned to the trial court for use at the hearing on such application, and if the application is granted the court amends the bill of exceptions contained in the transcript to speak the truth by a nunc pro tunc order. The corrected transcript may then be brought here by a writ of certiorari and thereupon it supersedes the erroneous record. Community State Bank of Royal Center v. Durbin (1950), 121 Ind. App. 256, 95 N. E. 2d 311; Slinkard v. Wilson, et al. (1952), Ind. App. —, 105 N. E. 2d 342.

Petition for writ of certiorari denied.

Note. — Reported in 105 N. E. 2d 911.