(Download) "State Indiana on Relation Wall v. Cass" by 076 Supreme Court of Indiana No. 29 * Book PDF Kindle ePub Free
eBook details
- Title: State Indiana on Relation Wall v. Cass
- Author : 076 Supreme Court of Indiana No. 29
- Release Date : January 05, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We issued an alternative writ of mandamus directed to respondents commanding the court, in cause number 4587 entitled "In
the Matter of the Petition of Edna Wall," to hold a hearing on the approval of a contract to reconstruct a drain, and the
bond to secure the same, or show cause why the same should not be done. This controversy was previously before this court
in Wall v. Wilson (1952), 231 Ind. 207, 105 N.E.2d 343. This court does not conduct a hearing or take testimony in proceedings for writs of mandamus or writs of prohibition, yet
this court does not act in such matters without evidence. The evidence in such proceedings consists of the verified petition
and the return, and proper exhibits to each. Rule 2-35 requires that "If the relief sought relates to a proceeding in an inferior
court certified copies of all pleadings, orders and entries pertaining to the subject matter should be set out in the petition
or made exhibits thereto."