BEAMON v. STATE, 230 Ind. 84 (1951)

101 N.E.2d 819

BEAMON v. STATE OF INDIANA. STATE EX REL. STEPHENS v. GELB, JUDGE. DANIELS v. STATE OF INDIANA.

Nos. O-206, O-221, O-225.Supreme Court of Indiana.
Filed November 26, 1951.

MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Failure To Verify and File in Triplicate — Petition Insufficient. — In an original mandamus action for relief relating to a proceeding in an inferior court, the petition is insufficient if it is not verified, filed in triplicate and fails to set out, or to have attached thereto as exhibits, certified copies of all pleadings, orders and entries pertaining to the subject matter in the inferior court. Rules of the Supreme Court, 2-35.

Three original actions, by Frank Beamon against the State of Indiana, by the State of Indiana on the relation of Lester Stephens against Sidney Gelb, as Judge of the Knox Circuit Court, and by James Daniels against the State of Indiana, for writs of mandamus.

Petitions denied.

Frank Beamon, Lester Stephens and James Daniels, pro se.

PER CURIAM.

Each of the above matters purports to be a petition for writ of mandate. Rule 2-35 of this court, 1949 Revision, provides that petitions for writs of mandate shall be verified and filed in triplicate and if the relief sought relates to a proceeding in an inferior court, as do the petitions herein, certified copies of all pleadings, orders and entries pertaining to the subject matter must be set out in the petition, or submitted as exhibits thereto. None of the petitioners herein have complied with this rule and for that reason each and all of said petitions are denied.

NOTE. — Reported in 101 N.E.2d 819.

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