Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT

143 N.E.2d 568, 237 Ind. 697, 1957 Ind. LEXIS 305
CourtIndiana Supreme Court
DecidedJune 27, 1957
Docket0-478
StatusPublished
Cited by3 cases

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

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.

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Related

State Election Board v. Johnson Circuit Court
180 N.E.2d 540 (Indiana Supreme Court, 1962)
Roberts v. Byrd
145 N.E.2d 658 (Indiana Supreme Court, 1957)
Mays v. State
143 N.E.2d 568 (Indiana Supreme Court, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
143 N.E.2d 568, 237 Ind. 697, 1957 Ind. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-byrd-judge-of-wells-circuit-court-ind-1957.