State Ex Rel. Wilson v. Lake Circuit Court

Relator herein seeks a writ of prohibition commanding respondents1 to refrain from proceeding further with a primary election contest and recount, involving the nomination for city councilman on the Democratic ticket, in the fifth councilmanic district in the City of Gary, Lake County, Indiana.

We issued a temporary writ.

Relator asserts that neither the respondent court, nor the judge thereof, “ever at any time” acquired jurisdiction of the “subject matter” or “the person of relator.”

First: The Lake Circuit Court has jurisdiction in primary election contests and recounts. Acts 1951, ch. 87,…