Legal Opinion

Becker v. Stanley

Indiana Supreme Court

Decided June 14, 1950No. O-96PublishedCited by 3 opinions

1Opinion of the CourtStarr, J.

This is an original action in this Court.

The petitioner herein seeks an alternate writ of mandate to compel the said Merton B. Stanley, as Judge of the Howard Circuit Court, to hear the petitioner’s alleged application for the restoration of his sanity now pending in the said Court. The action herein is brought in the petitioner’s own name and not in the name of the State of Indiana on his relation, as required by § 3-2201, Burns’ 1946 Replacement. The provision of this statute is mandatory and it is legally impossible for an action of mandate to be prosecuted by one in his individual and…

2Cases cited3 opinions

  1. Rogers v. Youngblood, JudgeIndiana Supreme Court · 1948
  2. Board of Public Safety v. WallingIndiana Supreme Court · 1933
  3. State Ex Rel. Shrum v. HallIndiana Supreme Court · 1950

3Cited by3 opinions

  1. State ex rel. Wilkerson v. EastIndiana Supreme Court · 1954
  2. State Ex Rel. Shrum v. HallIndiana Supreme Court · 1950
  3. State Election Board v. Johnson Circuit CourtIndiana Supreme Court · 1962

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