State Ex Rel. Huebner v. Porter Circuit Court

Concurring Opinion.

Achor, J.

— Relator has asked this court to issue a writ of prohibition on the ground that the respondent was without jurisdiction, to issue and to enter the judgment of contempt executed by him in the consolidated causes numbered 13754 and 13755 in the Porter Circuit Court.

The petition is fatally defective in that the relator has not first attacked the want or excess of jurisdiction of the trial court by a written motion, brought to the attention of the judge, which has been denied or not promptly acted upon as provided by Rule 2-35 of this court.

Note. — Reported in 185 N.…