State Ex Rel. Davidson v. Pigg, Judge

Indiana Supreme Court

State Ex Rel. Davidson v. Pigg, Judge

46 N.E.2d 237, 221 Ind. 704, 1943 Ind. LEXIS 249

CourtIndiana Supreme Court

DecidedJanuary 30, 1943

DocketNo. 27,805.

StatusPublished

This text of 46 N.E.2d 237 (State Ex Rel. Davidson v. Pigg, 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. Davidson v. Pigg, Judge, 46 N.E.2d 237, 221 Ind. 704, 1943 Ind. LEXIS 249 (Ind. 1943).

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Opinion

Richman, C. J.

This is an original action in which the same questions of law are presented as in State ex rel. Watson v. Pigg, Judge, ante p. 23, 46 N. E. (2d) 232, this day decided with *705 opinion. The same order is made as to substitution of the Honorable Walter F. Wood, Judge of the Sullivan Circuit Court, as respondent in place of Judge Pigg, whose term has expired. The relator herein and Clarence “Lib” McClure were candidates for the office of commissioner of Sullivan County for the 1st District. The same surety executed the undertaking filed in the two recount proceedings. It is shown herein by supplemental complaint that another proceeding for recount is pending in the same court in which Harold Neal is plaintiff and Lawrence “Brownie” Huff is defendant, which proceeding was filed prior to the filing of relator Davidson’s petition for a recount, and we are asked by the prayer of the supplemental petition that the respondent be mandated to consolidate relator’s cause with that of Neal v. Huff. We think that the mandate in the opinion in State ex rel. Watson v. Pigg is sufficient. Accordingly, on the authority of said case, the petition for writ of mandate is granted and the incumbent judge is ordered to reinstate relator’s petition, approve the undertaking and take such other steps as are required by the statute under the issues presented by the petition.

Note.—Reported in 46 N. E. (2d) 237.

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Richman, C. J.

This is an original action in which the same questions of law are presented as in State ex rel. Watson v. Pigg, Judge, ante p. 23, 46 N. E. (2d) 232, this day decided with *705 opinion. The same order is made as to substitution of the Honorable Walter F. Wood, Judge of the Sullivan Circuit Court, as respondent in place of Judge Pigg, whose term has expired. The relator herein and Clarence “Lib” McClure were candidates for the office of commissioner of Sullivan County for the 1st District. The same surety executed the undertaking filed in the two recount proceedings. It is shown herein by supplemental complaint that another proceeding for recount is pending in the same court in which Harold Neal is plaintiff and Lawrence “Brownie” Huff is defendant, which proceeding was filed prior to the filing of relator Davidson’s petition for a recount, and we are asked by the prayer of the supplemental petition that the respondent be mandated to consolidate relator’s cause with that of Neal v. Huff. We think that the mandate in the opinion in State ex rel. Watson v. Pigg is sufficient. Accordingly, on the authority of said case, the petition for writ of mandate is granted and the incumbent judge is ordered to reinstate relator’s petition, approve the undertaking and take such other steps as are required by the statute under the issues presented by the petition.

Note.—Reported in 46 N. E. (2d) 237.

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46 N.E.2d 237, 221 Ind. 704, 1943 Ind. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-davidson-v-pigg-judge-ind-1943.

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