State Ex Rel. Morvilius v. State

Petitioner-relator herein has filed what he has denominated a “Verified Petition for an Injunction in Supersedence in Forma Pauperis” seeking a mandatory injunction from this court for the “immediate release of petitioner from the Indiana State Prison.”

The nature of a pleading is not determined by its title but rather by its contents. State ex rel. Bevington v. Myers, Judge (1942), 220 Ind. 149, 41 N. E. 2d 358.

Applying this rule, an examination of the body of relator’s petition discloses that it is, in substance, in the nature of a petition for a writ of habeas corpus.

Respondents, State of…