Pembleton v. McManaman

Petitioner has filed his original action in this court, asking us to mandate respondent judge to set for hearing and hear petitioner’s petition filed in the Dearborn Circuit Court for a writ of error coram nobis.

Petitioner has filed his original action in this court in his own name and not in the name of the state upon his relation. Mandate proceedings, such as this is, must be brought in the name of the state on the relation of the accused person and this is more than a mere nominal requirement. It is a remedy which the individual is not entitled to have, but which the state permits him when…