State Ex Rel. Rooney v. Lake Circuit Court

This is an original action for an alternative writ of mandamus to require the Lake Circuit Court to order certain witnesses to appear and testify by deposition pursuant to §2-1509, Burns’ 1946 Replacement, and to vacate its prior order denying such relief. We issued the alternative writ, and the verified return pleads justification for refusal to make the order.

Relator’s brief contends the return fails to comply with Rule 2-35 in that it fails to incorporate or have as exhibits thereto certified copies of all pleadings, orders and entries pertaining to the subject matter of the action pending…