Home/Indiana Supreme Court/State Ex Rel. Collins v. Lake Superior Court

State Ex Rel. Collins v. Lake Superior Court

121 N.E.2d 731, 233 Ind. 536, 1954 Ind. LEXIS 234
CourtIndiana Supreme Court
DecidedOctober 5, 1954
Docket29,198
StatusPublished
Cited by10 cases

This text of 121 N.E.2d 731 (State Ex Rel. Collins v. Lake Superior 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
State Ex Rel. Collins v. Lake Superior Court, 121 N.E.2d 731, 233 Ind. 536, 1954 Ind. LEXIS 234 (Ind. 1954).

Opinion

Flanagan, C. J.

This is a petition for a writ of mandate and prohibition. The original action in the trial court was on account and for appointment of receiver. Relator duly filed a plea in abatement, contending that service on him was obtained by leaving a copy of the summons at his place of business instead of his residence. Evidence was heard and the finding was against relator on his plea in abatement.

Relator now says here that the ruling of the trial court was wrong and we should prohibit the trial court from proceeding further.

Writs of prohibition and mandamus are extraordinary remedies, and not intended to take the place of appeals, and do not issue where there is another adequate remedy. Here relator has his remedy of appeal which is full and adequate.

*537 The temporary writ of prohibition is hereby vacated and annulled.

Bobbitt, Draper, Emmert, and Gilkison, JJ., concur.

Note. — Reported in 121 N. E. 2d 731.

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Cite This Page — Counsel Stack

Bluebook (online)
121 N.E.2d 731, 233 Ind. 536, 1954 Ind. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-collins-v-lake-superior-court-ind-1954.