Meek v. Baker

This is an original action for a writ of mandamus to compel respondent to hear and determine a petition for writ of error coram nobis alleged to have been filed with said court.

The writ of mandamus must be denied since the action is not brought in the name of the State of Indiana on the relation of the party in interest. “It is legally impossible for an action of mandate to be prosecuted by one in his individual and personal capacity. The statute requires the State of Indiana to be included. This is not a mere nominal requirement; it is a statutory recognition of the fact that the State has…