Fugua v. Ewing

Indiana Supreme Court

Fugua v. Ewing

147 N.E.2d 546, 237 Ind. 707, 1958 Ind. LEXIS 198

CourtIndiana Supreme Court

DecidedFebruary 3, 1958

DocketNo. 0-483

StatusPublished

This text of 147 N.E.2d 546 (Fugua v. Ewing) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fugua v. Ewing, 147 N.E.2d 546, 237 Ind. 707, 1958 Ind. LEXIS 198 (Ind. 1958).

Pincite

Opinion

Per Curiam

Petitioner has filed in this court petition to mandate respondent to take certain action with reference to his motion to vacate and set aside the judgment of conviction in respondent court for assault and battery with intent to commit a felony.

It is well settled a petition for mandamus cannot be brought by a person in his individual or personal capacity, but must be brought in the name of the State of Indiana on relation of the party in interest. The petition is therefore fatally defective.

See: Jackson v. State, Reeves, Judge (1956), 235 Ind. 704, 134 N. E. 2d 551, and cases therein cited.

Petition denied.

Note. — Reported in 147 N. E. 2d 546.

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