Opinion
No. 28,541.
Filed March 25, 1949.
1. MANDAMUS — Proceedings — Parties Plaintiff — Statute Requires Action Be Brought in Name of State. — Where petition for writ of mandamus was in petitioner's own name and not in name of State of Indiana on his relation as provided by statute, such petition would be denied since the statutory requirement is mandatory. p. 168.
2. MANDAMUS — Proceedings — Sufficiency of Petition — No Cause Shown. — Where a petition for writ of mandamus failed to allege that an action or proceeding had been commenced in the trial court for a writ of error coram nobis, since there was no averment that any notice was served upon the Attorney General, or that there was a breach of any duty by the trial court, such petition would be denied, because there was no cause shown for the issuance of a writ. p. 168.
Original action by Thomas D. White against Floyd R. Mannon, Special Judge, Marion Criminal Court, Division One, for a writ of mandamus.
Petition denied.
Thomas D. White, pro se. Floyd R. Mannon, pro se.
The petitioner was convicted of second degree burglary, which judgment was affirmed by this court on June 10, 1948. White v. State (1948), 226 Ind. 309, 79 N.E.2d 771. In that appeal we examined the evidence and found that the verdict was sustained by sufficient evidence and not contrary to law.
The petition in this original action has been designated as one for a writ of mandamus. Apparently it was drafted without aid of counsel, and in many respects it is unintelligible. The 1, 2. petition is not brought in the name of the State of Indiana on his relation, which is a mandatory requirement for mandamus. State ex rel. Rogers v. Youngblood (1948), 226 Ind. 645, 78 N.E.2d 663. It fails to allege that he has any action or proceedings commenced in the trial court for a writ of error coram nobis, since there is no averment that any notice was ever served upon the Attorney General. Section 49-1937, Burns' 1933 (1947 Supp.). Lester v. Grant Circuit Court (1948), 226 Ind. 186, 78 N.E.2d 785. No breach of any duty by the trial court has been alleged. No cause has been shown for the issuance of a writ.
Petition denied.
NOTE. — Reported in 84 N.E.2d 588.