State Ex Rel. Cook v. Wickens, Special Judge

Indiana Supreme Court

State Ex Rel. Cook v. Wickens, Special Judge

53 N.E.2d 630, 222 Ind. 383, 1944 Ind. LEXIS 137

CourtIndiana Supreme Court

DecidedMarch 17, 1944

DocketNo. 27,953.

StatusPublished

Cited by7 cases

This text of 53 N.E.2d 630 (State Ex Rel. Cook v. Wickens, Special Judge) 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. Cook v. Wickens, Special Judge, 53 N.E.2d 630, 222 Ind. 383, 1944 Ind. LEXIS 137 (Ind. 1944).

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Opinion

Per Curiam.

The relator filed a petition for a writ of error coram nobis. Thereafter proceedings were had resulting in an appeal to this court in which the action of the trial court was affirmed. Cook v. State (1941), 219 Ind. 234, 37 N. E. (2d) 63. When the cause was remanded the State withdrew its answer and was permitted to file a demurrer, which was sustained by the court. In the present petition the relator asserts that *384 the court exceeded its jurisdiction “in and by reconsidering said State’s demurrer.” An order is sought mandating the trial court to try the issue presented by the petition for a writ of error coram nobis. The trial court had jurisdiction of the subject-matter and of the person. If the demurrer was improperly permitted or improperly sustained, the remedy is by appeal and not by original action.

The writ is denied.

Note.—Reported in 53 N.’ E. (2d) 630.

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Per Curiam.

The relator filed a petition for a writ of error coram nobis. Thereafter proceedings were had resulting in an appeal to this court in which the action of the trial court was affirmed. Cook v. State (1941), 219 Ind. 234, 37 N. E. (2d) 63. When the cause was remanded the State withdrew its answer and was permitted to file a demurrer, which was sustained by the court. In the present petition the relator asserts that *384 the court exceeded its jurisdiction “in and by reconsidering said State’s demurrer.” An order is sought mandating the trial court to try the issue presented by the petition for a writ of error coram nobis. The trial court had jurisdiction of the subject-matter and of the person. If the demurrer was improperly permitted or improperly sustained, the remedy is by appeal and not by original action.

The writ is denied.

Note.—Reported in 53 N.’ E. (2d) 630.

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Bluebook (online)

53 N.E.2d 630, 222 Ind. 383, 1944 Ind. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cook-v-wickens-special-judge-ind-1944.

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