SPIRES v. BOTTORFF, 230 Ind. 230 (1952)

102 N.E.2d 761

SPIRES v. BOTTORFF, JUDGE.

No. O-246.Supreme Court of Indiana.
Filed January 8, 1952.

MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original mandamus action seeking relief relative to a proceeding in an inferior court, a petition is insufficient which fails to

Page 231

set out, or have attached thereto as exhibits, certified copies of all pleadings, orders and entries pertaining to the subject matter in the lower court. Rules of the Supreme Court, 2-35.

Original action by Marvin Spires against James L. Bottorff, Judge of Clark County Circuit Court for a writ of mandamus.

Petition dismissed.

Marvin Spires, pro se.

PER CURIAM.

Petitioner filed his verified motion seeking a writ of mandate against respondent to compel him to perform certain acts relating to matters allegedly pending in the Clark Circuit Court.

Petitioner has failed to comply with Rule 2-35 of this court, 1949 Revision, which provides for the filing of certified copies of all pleadings, orders and entries pertaining to the subject matter, and the petition herein is, therefore, dismissed.

NOTE. — Reported in 102 N.E.2d 761.

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