Kelly v. Gerdink, Judge

This is an original action seeking a mandate for a change of judge in what is denominated “petitioner’s Habeas Corpus Cause,” said to be pending in the Vigo Circuit Court.

It appears from the face of the petition that the petitioner is restrained of his liberty by the warden of the Indiana State Prison in La Porte County. It follows that the Vigo Circuit Court has no jurisdiction to issue a writ of habeas corpus, and it would be a useless procedure -to mandate the granting of a change of judge if such a change were permitted in such a proceeding. Newsom v. Miles et al. (1942), 220 Ind. 427, 44…