Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT

Indiana Supreme Court

Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT

143 N.E.2d 568, 237 Ind. 697, 1957 Ind. LEXIS 305

Indiana Supreme Court·Decided June 27, 1957·No. 0-478·Published·Cited by 3 cases

Opinion

Per Curiam

Petitioner in this section seeks an alternative writ of mandamus directed to the Wells Circuit Court.

*698 The petition is defective as the action is not brought in the name of the State of Indiana on relation of the party in interest. The action cannot be brought by a person in his individual or personal capacity, and upon authority of the cases of Meek v. Baker (1951), 229 Ind. 543, 99 N. E. 2d 426; Casey v. Murray (1951), 229 Ind. 545, 99 N. E. 2d 426; and Hayes v. Scott County Court, etc. (1955), 234 Ind. 707, 128 N. E. 2d 872, the petition should be denied.

Petition denied.

Note. — Reported in 143 N. E. 2d 568.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam

Petitioner in this section seeks an alternative writ of mandamus directed to the Wells Circuit Court.

*698 The petition is defective as the action is not brought in the name of the State of Indiana on relation of the party in interest. The action cannot be brought by a person in his individual or personal capacity, and upon authority of the cases of Meek v. Baker (1951), 229 Ind. 543, 99 N. E. 2d 426; Casey v. Murray (1951), 229 Ind. 545, 99 N. E. 2d 426; and Hayes v. Scott County Court, etc. (1955), 234 Ind. 707, 128 N. E. 2d 872, the petition should be denied.

Petition denied.

Note. — Reported in 143 N. E. 2d 568.

Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT, 143 N.E.2d 568, 237 Ind. 697, 1957 Ind. LEXIS 305 (Ind. 1957).

Pincite

143 N.E.2d 568 (Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related