State Ex Rel. Shannon v. Hendricks Circuit Court

Dissenting Opinion.

Achor, J.

— I cannot concur in the majority opinion for three reasons: First, because of relator’s failure to comply with Rule 2-35 of this court; second, because, in my opinion, it does not appear from relator’s petition that he is in a position where, in equity, he is entitled to the extraordinary relief which he demands and, third, because, in my opinion, relator does not show himself to be free of the contempt with which he is charged.

First: With respect to petitions for writs of mandamus and prohibition, Rule 2-35 provides:

“If the relief sought relates to a proceeding…