Legal Opinion

Jackson v. State, Reeves, Judge

Indiana Supreme Court

Decided May 23, 1956No. 0-430PublishedCited by 4 opinions

1Per curiam

This is an original action in which petitioner has filed verified motion for writ of mandamus (in forma .pauperis), seeking to mandate respondent to issue a writ of error coram nobis.

The motion for writ of mandamus is fatally defective as the action is not brought in the name of the State of Indiana on relation of the party in interest.

The law is well settled that a mandamus action can not- be brought by a person in his individual or personal capacity, and as this action is not brought in the proper manner and the petition is fatally defective, the motion for writ of mandamus is denied. White…

2Cases cited5 opinions

  1. Meek v. BakerIndiana Supreme Court · 1951
  2. Casey v. MurrayIndiana Supreme Court · 1951
  3. Hayes v. SCOTT COUNTY CT., ETC.Indiana Supreme Court · 1955
  4. State ex rel. Rawlings v. RabbIndiana Supreme Court · 1956
  5. White v. Washington County Circuit CourtIndiana Supreme Court · 1956

3Cited by4 opinions

  1. Burnett v. StateIndiana Supreme Court · 1958
  2. James v. OffuttIndiana Supreme Court · 1958
  3. State ex rel. Rawlings v. RabbIndiana Supreme Court · 1956
  4. Fugua v. EwingIndiana Supreme Court · 1958

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