Roberts v. BYRD, JUDGE OF WELLS CIRCUIT COURT
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.
Opinion
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
Related
Cite This Page — Counsel Stack
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.