State ex rel. Zellers v. St. Joseph Circuit Court

Dissenting Opinion

Rakestraw, J.

It would seem helpful to a consideration of this cause that the proceedings in the court below be reviewed briefly. From the petition for Writ of Mandate and the return filed to it, it appears that the proceedings are as follows:

1. That on November 21, 1960, the Relator filed a suit in the respondent court.

2. That on December 6, 1960, counsel for the defendants in that suit entered their appearance.

3. That at all times relevant to this action there was *403in effect a rule of the local court below which provides in part as follows:

“Rule IX

“(b) A list of civil cases…